Settlement fee

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The settlement fee is a general fee from the law of remuneration law , which may be incurred in addition to other fees such as the business or procedural fee .

meaning

It honors the attorney's efforts to settle disputes through an amicable settlement without recourse to the court, even if only about part of the subject matter of the proceedings . The settlement fee also rewards the fact that the lawyer takes on a special responsibility with the settlement and increases his liability risk. The decision is not left to the court, but it decides itself. In addition, the settlement fee serves to relieve the court and to ensure legal peace .

requirements

Unlike the earlier settlement fee according to Section 23 BRAGO no longer requires a comparison within the meaning of Section 779 of the German Civil Code (BGB) and no mutual concurrence.

The fee arises for the participation of the lawyer in the conclusion of a contract, through which the dispute or the uncertainty about a legal relationship is eliminated or in the conclusion of a payment agreement as well as for the participation in corresponding contract negotiations that are the cause of the conclusion of the contract. This is the case, for example, when the lawyer drafts a contract and also develops other services with the aim of concluding the contract, for example advising the client to an amicable settlement with regard to the (lack of) chances of success of a lawsuit. If it is undisputed that a legal relationship exists and neither party has the right to change this legal relationship, but the parties agree to terminate or modify this legal relationship, no settlement fee will be triggered because there is no dispute. The fee does not arise even if the contract is limited to an acknowledgment or a waiver .

In family law , the settlement fee is replaced by the reconciliation fee according to VV-RVG No. 1001 and in administrative matters the settlement fee according to No. 1002 VV RVG.

If one spouse declares that they want to continue the marital partnership, resume or withdraw an application for divorce, or if the statements of both spouses are directed towards this, the reconciliation fee accrues if the legal work was the cause or at least partly the cause of the reconciliation.

The incurrence of the processing fee also requires an activity of the lawyer that goes beyond the operation of the procedure and aims at an amicable dispute settlement.

If property claims are dealt with in the context of criminal proceedings , e.g. B. in the context of a perpetrator-victim compensation or according to § 153a StPO StPO or in the context of a mutual agreement , the defense attorney receives a settlement fee according to No. 1000 ff. VV RVG. If private plaintiffs and private defendants come to an agreement in private litigation with regard to the penalty and the claim for reimbursement of costs, a settlement fee according to No. 1000 VV RVG (No. 4147 VV RVG) also applies. A further settlement fee may arise for a contract for other claims, e.g. B. in the event of an agreement on property claims such as compensation for pain and suffering or hospital costs.

height

The amount of the settlement fee according to Section 2 (2) RVG in Part I of the remuneration list in number 1000 VV RVG. The settlement fee for extrajudicial activity is a 1.5 fee from the respective item value , but in the case of a payment agreement , the item value is only 20% of the claim ( § 31b RVG). After an enforceable title is available, the value of the claim including the ancillary claims and interest is the basis for calculation due to § 25 RVG. If legal proceedings are pending, the fee according to No. 1003 VV RVG is reduced to 1.0 fee. In the appeal or revision procedure, the fee is 1.3 fees (No. 1004 VV RVG).

For the persons named in § 183 SGG , the procedure before the courts of social justice is free of costs. Therefore, no amount in dispute is determined on which the fees could be based ( Section 3 GKG ). In this process acc. § 3 RVG amount framework fees , for example according to Nos. 3102, 3106 VV RVG in first instance. The amount of the business fee is decisive for the amount of the settlement or handling fee . If legal proceedings are pending on the subject of the agreement, the fee is based on the amount of the respective procedural fee (nos. 1005, 1006 VV RVG).

Individual evidence

  1. ^ Draft of a law for the reorganization of lawyers 'remuneration law (Lawyers' Remuneration Reorganization Act - RVNeuOG) BT-Drs. 14/9037 of May 14, 2002, p. 52
  2. ^ SG Detmold, decision of June 19, 2013 - S 16 SF 198/12 E.
  3. ↑ OLG Hamm JurBüro 2002, 27
  4. ↑ cf. AG Gemünden, judgment of 2 July 2010 - 17 C 256/10 para. 31 ff.
  5. ↑ Grit Andersch: § 2 The fees according to the RVG / 1st settlement fee, No. 1000, 1003, 1004 VV RVG Haufe.de, accessed on September 10, 2019
  6. ^ Ulrich Prutsch: Settlement fee for marriage and consequential divorce contracts June 18, 2009
  7. ↑ OLG Munich, final judgment of July 12, 2017 - 15 U 4938/16 marginal no. 45
  8. ↑ Ebert, in: Mayer / Kroiß (Hrsg.): Rechtsanwaltsvergütungsgesetz: RVG , 7th edition 2018, No. 1001 VV RVG marginal no. 17; Schneider: RVG Praxiswissen , 5th edition 2019, marginal no. 251 ff.
  9. ↑ Markus Bongardt: Special: The handling fee in administrative law April 20, 2017
  10. ↑ Detlef Burhoff: Understanding in criminal / fine proceedings - effects on charges under the law RVGreport 2010, 423
  11. ↑ UW House Koetter: The agreement fee after RVG - the future a wide field RVG professional - edition 12/2004, S. 199 ff.
  12. ↑ Markus Bongardt: The lawyer's fees according to RVG in social law (legal fees in social law) RVG-News.de, May 12, 2017