In Germany, the lawyer’s remuneration is generally calculated on the basis of the law on the remuneration of lawyers (Rechtsanwaltsvergütungsgesetz).
Furthermore there is the possibility to calculate the remuneration on the basis of negotiated fees.
Negotiated fees are always a possibility which can be chosen instead of calculation on the basis of the statutory fees. However, when choosing this option, the rules provided in § 49 BRAO (Bundesrechtsanwaltsordnung, Federal Lawyers’ Act) and in § 4 RVG have to be taken into consideration.
According to these provisions, the formal provisions of § 4 RVG have to be taken into account when a higher fee than the one prescribed by statute is charged.
Also, the negotiated fee for a lawyer’s legal advice on German law must not be lower than the statutory rate. Negotiated fees which exceed the statutory level are always possible.
Please ask our lawyers in Cologne, if you have further questions regarding our remuneration