Fee agreement

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A fee agreement is the contractual agreement of the remuneration for a (freelance) professional activity, in which the remuneration of the professional is determined by a statutory fee schedule.

By concluding the fee agreement, the parties substitute the contractually agreed remuneration for the statutory fees. However, in German professional law, the conclusion of a fee agreement is not permissible for an unlimited period: Depending on the profession in question and whether the agreement is intended to exceed or fall below the statutory fees or also to agree to free activity, the agreement is subject to special formal requirements or is prohibited by law.

Individual cases

Notary fees

For the remuneration of notaries , Section 125 of the Court and Notary Fees Act provides that agreements on the amount of notary fees are not permitted. These fees are therefore entirely beyond the disposition of the parties.

Attorney fees

Lawyers can fundamentally make fee agreements that differ from the provisions of the Lawyers' Remuneration Act. However, such agreements are form-bound. The statutory fees must not be undercut in legal proceedings. The agreement of a contingency fee is largely prohibited .