Remuneration
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Attorney’s Fees

Fees According to the RVG or Based on a Fee Agreement

The amount of attorney fees is generally determined by the German Attorney Remuneration Act (RVG). Additionally, an attorney and the client may agree on a fee arrangement, in which case the fees will follow this agreement.

The RVG contains general fee regulations as well as the Fee Schedule (VV) as Annex 1 and Annex 2 to the RVG.

The RVG is divided into nine sections:

General provisions

Fee regulations

Matters

Value of the subject matter

Out-of-court advice and representation

Court proceedings

Criminal and administrative fine matters

Court-appointed or appointed attorney, legal aid

Final provisions

Annex 1 of the VV RVG regulates, for example, fees for out-of-court activities, including representation in administrative proceedings or fees in civil cases, public law jurisdiction proceedings, proceedings under the Prison Act, and similar proceedings or expenses fees.

If the attorney and client have agreed on a fee arrangement that deviates from the RVG rates, it is generally permissible within the framework of legal regulations. Specifically, sections 49b of the Federal Lawyers’ Act (BRAO) and 3a et seq. RVG, as well as the boundaries of unconscionability, must be observed.

In court proceedings, the statutory fees cannot be undercut by a fee agreement. However, it is possible to agree on fees higher than the statutory fees.

Fees in Civil and Administrative Proceedings

In civil and administrative disputes, fees are determined based on the value of the dispute.

For work in first-instance civil or administrative court proceedings, the attorney receives a 1.3x procedural fee (No. 3100 VV RVG). This can be reduced to a 0.8x procedural fee (No. 3101 VV RVG) in certain cases (e.g., when settled).

The 1.3x fee applies once the attorney:

Files a lawsuit or makes a procedural application,

Submits a written pleading containing claims, factual statements, or the withdrawal of the lawsuit,

Represents the plaintiff/defendant in court.

Types and Amount of Fees

The RVG distinguishes between fixed and framework fees. Framework fees can be value-based (so-called rate framework fees) or limited by minimum and maximum amounts (so-called amount framework fees). The fee amount is found in the fee table of Annex 2 of the VV RVG and depends on the dispute value.

The attorney can determine the business fee per No. 2300 VV RVG between 0.5x and 2.5x the fee value. According to § 14(1) RVG, the attorney may set their fee within this range based on equitable discretion.

The specific case determines the fee, considering factors such as:

Complexity of the legal work

Scope of the legal work

Special significance of the matter

Client’s income and financial circumstances

Particular liability risks for the attorney

If the fee is disputed between the attorney and client, the court will, according to § 14(2) RVG, obtain an expert opinion from the bar association’s board to determine the appropriate fee.

Once a matter proceeds to court, the business fee is partially credited toward the procedural fee for court proceedings.

Out-of-Court Advice

For out-of-court legal work, there are no fixed fees.

According to § 34 RVG, the attorney should seek a fee agreement for giving verbal or written advice, drafting written opinions, or acting as a mediator. Without such an agreement, fees follow civil law rules. If the client is a consumer, the fee for advice or a written opinion is capped at €250 plus VAT. For an initial consultation, a fee of no more than €190 plus VAT may be charged.

Type, Form, and Content of Fee Agreements

In a fee agreement, the following may be arranged:

Agreement on the fee law

Modification of the applicable fee law

Time-based and flat fee agreements

Success fee agreements

Waiver of fee offsets

According to § 3a(1) RVG, a fee agreement must be in text form to be valid. It must be clearly labeled as a fee agreement, and if combined with other agreements, it must be distinct from them. It cannot be included in the power of attorney and should contain a note that, in case of cost reimbursement, the opposing party, a procedural participant, or the state treasury usually reimburses no more than the statutory fees.

There are no upper limits on fee agreements. A fee agreement is only invalid if it is unconscionable.

According to § 49b(1) BRAO in conjunction with § 4(1) RVG, a fee agreement lower than the statutory fees can only be made for out-of-court matters, and under certain conditions, for court payment order procedures and parts of enforcement proceedings.

Reasonableness of Fees

Case law considers fees unreasonable if there is a glaring disparity between the agreed fee and the attorney’s work, making it intolerable to hold the client to the fee promise (BGH ruling of 27.01.2005 – IX ZR 273/02).

Success Fee

According to § 49b(2) sentence 1 BRAO, success fees are generally prohibited, with exceptions defined in § 4a RVG.

Under § 4a(1) sentence 1 RVG, a success fee may be agreed upon if:

The client’s claim involves no more than €2,000,

An out-of-court debt collection service is provided, or

The client would otherwise refrain from legal action without a success fee.

If the requirements under § 4a(1) RVG are met, a success fee can be agreed upon.

 

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