Procedural fee
The procedural fee is a term from German law relating to the remuneration of lawyers .
The remuneration list for the Lawyers' Remuneration Act (RVG) has procedural fees in different sections. They measure the fee that the lawyer receives for conducting the respective judicial proceedings.
In civil proceedings, the fees of which are generally regulated in Section 3 of the remuneration list, the procedural fee is usually determined according to VV 3100 with a fee of 1.3 of the fee according to § 13 RVG. Additional procedural fees apply for the appeal and revision procedure.
In criminal proceedings , which are regulated in Section 4 of the Schedule of Remuneration, procedural fees are incurred if the lawyer appointed as defense counsel is involved in preliminary or judicial proceedings. The amount of the fee varies, depending on whether the representation takes place before the local court or the regional court ; within the proceedings that are negotiated in the first instance before the regional court, the fee increases again for proceedings that take place before the jury or economic criminal chamber.
In addition to the procedural fees, the appointment fees accruing according to the respective sections of the remuneration list are added.
If a business fee has already been incurred for the pre-litigation activity in the same matter , half of this, at most a rate of 0.75, will be offset against the procedural fee, provided that the requirements of Section 15a RVG are met.
literature
- Thomas P. Streppel: "The crediting of the business fee on the procedural fee", MDR 2007, p. 929
