Lawyers' fees

from Wikipedia, the free encyclopedia

As Rechtsanwaltsvergütungsgesetz is called in Germany the payment for the intervention of a lawyer . The remuneration consists of fees and expenses. The fees correspond to the work performed by the lawyer, the expenses cover certain material expenses of the lawyer.

The remuneration of lawyers is regulated in the Lawyers' Remuneration Act (RVG) of May 5, 2004 (Federal Law Gazette I p. 717, 788). Previously, the Federal Lawyers' Fees Regulations (BRAGO) applied until June 30, 2004 .

The lawyer's fees are often based on the subject value ( Section 2 (1) RVG).

The lawyer may agree with his client, under certain conditions, that the fee than the legal fee is higher or lower ( payment arrangement , § 3a RVG and fee arrangement , § 34 , § 4 RVG). In particular, the agreement of a time fee with a certain hourly rate, the agreement of a flat rate or a fee based on success ( § 4a RVG) come into consideration. For deviations from the statutory fee, Section 3a (1) RVG prescribes the text form and content requirements. So-called fee slips are available for practical implementation .

The attorney's expenses can be, for example:

  • Post and telecommunications costs (are usually billed at a flat rate)
  • Special office costs (extensive copies that are not covered by a flat rate)
  • Travel expenses of the lawyer
  • Costs incurred by third parties:
    • Fees from authorities (e.g. application fees, fees for sending files, making copies or finding out addresses at registration offices)
    • Court fees
    • Bailiff's fees

A further distinction is to be made as to whether the lawyer himself was the recipient of the service and thus the debtor of the fee, or whether he only made a payment for his client who had to pay himself (e.g. court fees). In the first case, the lawyer has to regularly invoice the applicable VAT on the expenses (net amounts), while in the second case the gross amounts without legal VAT must be claimed. In the system and language of the RVG, the value added tax calculated by the lawyer is also included in the expenses .

Clients in need can obtain advice and legal aid under the legal requirements .

Web links