Consultation fee
The consultation fee , also called advice fee , is a fee element from German law on the remuneration of freelance lawyers .
Legal regulation
The consultation fee is currently regulated by law in Section 34 RVG. This regulation, which came into force on June 30, 2006, differs significantly from the previous standardizations. Both in force until 2004 Federal lawyers 'fees as well as in the earlier provisions of the Lawyers' Compensation Act , the advisory fee was as a contending ad valorem frame fee designed; A fee cap only applied to cases of initial consultation .
The regulation that has been in force since July 1, 2006, however, is characterized by the deregulation of the law on fees and makes it clear that the lawyer must prepare a written one for oral or written advice or information (advice) that is not related to another fee-based activity Opinion and for the activity as a mediator should work towards the conclusion of a fee agreement.
In the event that this does not succeed, the lawyer should be able to claim remuneration in accordance with the provisions of civil law. This aims at the provisions of the service contract , according to which the service provider can demand the usual remuneration if no other agreement has been made.
If the person seeking legal advice is a consumer and no fee agreement is concluded, the maximum fee is € 250, in the case of an initial consultation, € 190.
Differentiation from the business fee
A business fee arises from the receipt of the information, insofar as the order given by the client is aimed at letting the lawyer take action externally. In the absence of such an order, the obtaining of the information is not yet a constituent feature of a business fee, but rather one of the council fee according to § 34 RVG. When separating the business fee from the council fee, it does not matter whether the lawyer actually appears to the outside world. Rather, what matters is whether an activity that goes beyond providing advice is required.
Individual evidence
- ↑ Schons, in: Hartung / Römermann / Schons, RVG, 2nd edition 2006, 2300 VV Rn 6 with further references; Madert, in: Gerold / Schmidt, RVG, 18th edition 2008, VV 2300, 2301, Rn 13
- ↑ Schons, in: Hartung / Römermann / Schons, RVG, 2nd edition 2006, 2300 VV Rn 6 with additional references
- ↑ Madert in: Gerold / Schmidt, RVG, 18th Edition, 2008, VV 2300, 2301, para 13
- ↑ Düsseldorf Regional Court, judgment of November 13, 2008 - Az. 4b O 78/08
