Roughly, a distinction set the framework of charges (e.g
Basically, lawyers are supposed to appear as the Organ of the administration of justice among themselves, in the sense of the highest possible quality legal representation of litigants in a quality and not in price competition with each other
To achieve this goal, the at least incurred attorney fees by law.
Only above this minimum fee is accepted by the legislator, also a price competition. Deviating agreements, for example, according to the time spent are, in principle, permissible and also customary in the market, but may not lead to a underrun of the minimum statutory fees. Outside-of-court activities, so in particular, in a pure Advisory matters, has waived, the legislature, in the meantime, the minimum fees to impose and, thus, the price competition is permitted. The lower limit of, theoretically, the legal profession and good morals, which is not substantiated but the legislator and, therefore, hardly enforceable. In the field of Guidance, the agreed remuneration or, in the absence thereof, the customary remuneration shall, therefore, apply in principle as for other services, wherein for the determination of the latter not infrequently, back to the legal fees, right, is just to regulate the pure consulting area, will be referred to. In Consulting assignments, fee agreements, due to the lack of a legal definition is very common. Also in court, so fees are legally regulated procedures, are made fee arrangements on a regular basis because the legal regulations are regularly perceived as inappropriate. In particular, the idea of cross-subsidisation of the value in dispute is high procedure to the benefit of the value in dispute is lower is rejected in practice, since neither the client with high Value, nor the lawyers from the Fees want to let Subsidizing of lower values in dispute. In practice, this leads to that it is in the case of disputes with low subject values are regularly difficult to acquire appropriate legal representation without fee agreement. To offset this miss the advice, the help and public legal information. In the Federal Republic of Germany, the attorney's are governed by cost-that is, outside of any deviating agreements in individual cases, in principle, by law. July the Rechtsanwaltsvergütungsgesetz (RVG). Previously, the fees were regulated by the Federal lawyers fees (BRAGO). Depending on the area of activity, whether of a lawyer, so in punishment, civil or Administrative procedure act, different fees.
The amount range of charges are in dispute, regardless
in civil law), and the amount range of charges (e.g, in criminal and social law). In the case of the sentence under fees the fees, depending on the dispute or the subject of calculate value to certain fees, which depend, in turn, the degree of difficulty, scope and importance of the matter. The risk of liability of the lawyer plays in the RVG also has a role. The respective fees set the compensation directory lawyer compensation law, which includes a description of typical attorney activities. On the basis of the fee rate, the fee for the Procedure of, and for the perception of a first-instance court date of, for example, for the perception of a first-instance complaint procedure before the civil court regularly regularly appointment fee of.
of the Remuneration directory to the lawyers remuneration act), with the help of the table of the attorney's fee to be determined.
Here, the RVG provides for a amount of frames for a particular activity. Within this framework, the lawyer determines the fee, also according to the scope, difficulty, and importance of the matter. In addition to the unambiguous statutory fees is also the possibility, in the case of a non-judicial activities of the lawyer to a fee agreement. The appropriate agreement should be concluded before the start of the activity by the lawyer. In the range of low values of the agreements are not uncommon in the RVG regulated fees. This is, in principle, after the completion of reconnaissance permitted. In the case of high Value, such as, for example, in trademark and domain law, the out-of-court-free agreed fees are often below the in the RVG regulated fees. Attorney's fees can often be regressed Occasionally they are taken over by the state, for example, in the framework of legal aid or in the case of acquittals in criminal law, or to Prevail against the state in public law cost. In contested proceedings, the lawyer costs are regularly borne by the unsuccessful party. This leads to the fact that the lawyer should collect its fees, but only to a reimbursement claim in favor of the prevailing party. In practice, this means, above all, that the prevailing party bears the full risk of insolvency against the side, because you will owe necessarily the lawyer's fees and not just on the may not be recoverable claim against the referred to opposite side. August will enter the second cost of modernization of the law in force. This means that people who want to enforce their"right to court access in the future, deeper in the bag"must, explained the Chairman of the GDV Association, Dr. Jörg von Prince Werth, the effects of the law. The GDV is expecting a increase in the claim payment for court costs and attorney fees by sixteen percent.
one In Switzerland, are governed by the legal costs (usually tariffs) by the cantons and the Federal laws and regulations, which in each Canton and the Federal government (the latter in proceedings before Federal courts), different approaches apply.
Within the given price range, the lawyers are in the design of their fees. In General, differences between Tariffs according to costs and according to the value in dispute is, in the latter case, surcharges for special Work. A compensation expense is common in the criminal law, in the legal two and unbestimmbarem dispute the value of a compensation amount in controversy in civil law, in the case of a certain or determinable amount in dispute. three In Austria, one or more of the attorney's fees to the Lawyer's tariff act and the General fee criteria for lawyers. In addition, a fee agreement is possible, such as by the hour.
