Basic fee (cost law)
The basic fee is a fee event created with the introduction of the Lawyers' Remuneration Act , which rewards the initial training of a lawyer in a criminal or administrative fine .
scope of application
The basic fee is paid to the defense counsel or a legal representative of the parties involved who is equivalent to him in accordance with Section 4 (1) for the costs arising in connection with the assumption of the mandate. It does not matter whether the client relationship is based on an attorney's contract (election defense ) or through assignment as a public defender . What is essential, however, is that a client relationship is established at all. If the lawyer refuses to take on the mandate after discussing the matter or if the client comes to the conclusion that he does not want to issue a mandate based on the initial discussion, there is no room for billing the legal basic fee; In this case, the lawyer is referred to the assertion of an advisory fee.
The basic fee can only be incurred once in each proceeding, whereby it does not matter at which stage of the procedure the client relationship is established: the attorney who first becomes involved in the appeal procedure is also entitled to the basic fee. However, there is no basic fee for mandates in criminal enforcement proceedings or in retrial proceedings. Even a mandate aimed at an individual activity does not result in the basic fee being charged.
Fee amount
The basic fee is a framework fee . In criminal proceedings it accrues according to No. 4100 VV-RVG in the amount of 30 to 300 €. The medium fee is therefore € 165, the billable fee for the court-appointed or assigned lawyer is € 132.
If the client is in custody, the fee according to No. 4101 VV-RVG is charged with a surcharge of € 30 to € 375, resulting in an average fee of € 202.50 and a fee for the appointed or assigned lawyer of € 162 .
In the administrative offense procedure, the basic fee according to No. 5100 VV-RVG is between € 20 and € 150. The medium fee is therefore € 85, the billable fee for the court-appointed or assigned lawyer is € 68.
Competitions
The basic fee is incurred in addition to the other fees arising in the process. If, however, a basic fee for the administrative offense proceedings was initially incurred and a criminal mandate is issued for the same matter, the fee according to No. 5100 VV-RVG must be offset against the fee according to No. 4100 or No. 4101 VV-RVG. Conversely, a fee according to No. 5100 VV-RVG does not apply if a fee according to No. 4100 VV-RVG has already been incurred in the same matter.
