Appointment fee

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Appointment fee is a term from the German Lawyers' Remuneration Act (RVG). It denotes the fee that arises in connection with the following facts.

According to the preliminary remark 3 para. 3 VV, an appointment fee arises in most judicial proceedings, but not in criminal law and in the case of administrative offenses for:

  • representation in a hearing, discussion or taking of evidence ,
  • the perception of an appointment arranged by a court-appointed expert or
  • participation in meetings aimed at avoiding or completing the proceedings, even without the participation of the court; this does not apply to meetings with the client.

In accordance with No. 3104 VV RVG, the amount is generally 1.2 times the fee in accordance with the RVG's table of fees. For the third alternative, telephone assistance may be sufficient. The appointment fee is only payable once within a single instance, even if several appointments have taken place or several fee-triggering facts have been realized; a slight increase in the appointment fee occurs according to No. 1010 VV RVG if witnesses or experts are heard in at least three judicial appointments. Should several lawyers act for the same party in a proceeding, e.g. B. in the case of an appointment replacement or a change of lawyer, more than a total of one appointment fee is only reimbursable if there is a special reason that is not at fault.

Regardless of whether the appointment is held, an appointment fee also arises if

  • in a procedure for which an oral hearing is prescribed, a decision is made with the consent of the parties or participants or in accordance with § 307 or § 495a ZPO without an oral hearing or a written settlement is concluded in such a procedure,
  • pursuant to Section 84 (1) sentence 1 VwGO or Section 105 (1) SGG , a decision is made by court order without an oral hearing or
  • the procedure before the social court ends after acceptance without an oral hearing.

If a default judgment is issued due to culpable default on the part of the opposing party, the appointment fee is reduced to half the fee in accordance with No. 3105 VV RVG according to the RVG fee table.

In criminal proceedings and in proceedings for administrative offenses, appointment fees are incurred for a large number of appointment types. In these areas of activity, appointment fees are usually new for each appointment.

Web links

  • Appointment fee on verkehrslexikon.de
  • Appointment fee calculator on terminsvertretung.de