Lawyer's Fees in Germany
Wichtige Infromationen zur Vergütung eines Rechtsanwalts
We want to ensure a trusting collaboration through transparency about our remuneration with you as a client.
Although there is no legal obligation for lawyers to discuss the costs of their work without being asked, we see it as our duty to inform you in this regard . We want to ensure that you have all the relevant information. This is the only way you can make your decisions in full knowledge of the financial consequences of entering into a contract.
In addition, when working on our mandates, we strive to achieve the best possible result for our clients in the shortest possible time while avoiding unnecessary costs and fees. This also allows us to keep the lawyer's fees as low as possible.
In the following FAQ we answer the most important questions about our remuneration in the categories
Pre-trial legal fees: Costs for legal advice prior to legal proceedings.
Legal fees: Legal costs incurred in connection with legal proceedings, including fees, expenses and possible reimbursement of costs.
Insurance and legal fees: connection between various insurances and the associated legal fees, such as legal expenses insurance and its coverage for litigation.
Häufig gestellte Fragen
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Yes , the first personal consultation (initial consultation) with the lawyer is subject to a fee . There is a one-time initial consultation fee . The amount of the initial consultation fee depends on whether the client is a consumer or a businessperson and on the agreed method of remuneration (RVG or remuneration agreement):
Consumers¹ pay for the oral or written initial consultation — when calculating the remuneration according to RVG pursuant to Section 34 Paragraph 1 Clause 3 RVG — a maximum consultation fee of 190.00 EUR plus 19% VAT (total 226.10 EUR). If the legal question is simpler, the initial consultation fee may be lower. If several consultations (including by telephone) are required, the upper limit no longer applies and higher costs arise. If a fee agreement is concluded (e.g. based on an hourly rate) , higher initial consultation fees may be incurred by the consumer.
For entrepreneurs² — regardless of the method of remuneration — there is no maximum consultation fee , i.e. a higher initial consultation fee applies than for consumers.
In any case, depending on the circumstances, a flat fee of a maximum of EUR 20 plus 19% VAT for postal and telecommunications services will be charged. The initial consultation fee is incurred when the lawyer deals with your matter for the first time and provides specific information (in person, by telephone or in writing) on legal questions (including general ones) or specific recommendations for behavior to the client. He does not have to first obtain expert knowledge or provide a written statement.
In the initial consultation (also known as initial consultation), you describe your legal concerns to the lawyer and receive an initial legal assessment of promising legal steps (e.g. legal remedies). The initial consultation lasts a maximum of 60 minutes.
The initial consultation must be distinguished from other paid activities of the lawyer : further fees are incurred for the clarification of queries or inquiries, the review of documents, the drafting of letters, correspondence with third parties or other activities of the lawyer.
Follow-up costs only arise if the lawyer was able to convince you in the initial consultation and you instruct him to resolve your issue (by signing a power of attorney). In this case, the initial consultation fee is credited towards the total service. Otherwise , the result of the initial consultation may be that you take matters into your own hands without legal assistance or that no further legal work is required at first. In this case, the initial consultation fee remains. During the initial consultation, the lawyer informs the client whether and why a written legal assessment of the matter is required and what costs are likely to be incurred. The written assessment is another explicit assignment for the lawyer that the client must give. More information about the written assessment can be found under No. 04 of the FAQ.
¹ According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction (here: a lawyer’s contract) for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity.
² According to Section 14 (1) of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction (here: a lawyer’s contract), acts in the exercise of his or her commercial or independent professional activity.
You will also receive both general and specific recommendations , depending on whether the consultation will take place in person, via video conference or by telephone. The recommendations will help to make the initial consultation efficient and productive.
Generally:
Pay an advance on costs: Before the initial consultation, pay an advance on costs requested by the lawyer in order to adequately compensate the lawyer for the valuable time spent and to ensure that you receive sound and comprehensive advice.
Prepare well: Make notes about your concerns and expectations of the lawyer. Collect relevant documents.
Be open and honest: share all relevant information about your case with the lawyer, even if it may be difficult in some cases. Rest assured that all information will be kept confidential.
Write down questions: Bring a list of questions you want to clarify during the interview.
Listen carefully: Pay attention to what the lawyer says and ask questions if necessary.
Discuss your goals: Tell the lawyer what you want to achieve and what your expectations are.
Clarify costs and fees: Discuss the costs involved and the lawyer's fees early on.
Understand the process: Ask about the lawyer's planned approach and how he or she will support you.
Consider the collaboration: At the end of the conversation, you decide whether you want to give the lawyer the mandate or not.
Give feedback: In order to optimize any future collaboration, you can give the lawyer open feedback on the consultation and thus clarify mutual expectations.
Depending on the communication channel for the initial consultation, we recommend:
Personal meeting (on-site discussion):
After consulting with the lawyer, bring all relevant documents and papers in physical form. Use email communication to send any documents and papers in advance.
Be sure to be punctual and allow enough time so that you are not in a rush.
As a client, come to the consultation alone. This saves time and money, as your lawyer wants to concentrate on your matter. Other people often unnecessarily prolong the conversation.
video conference:
Before the interview, test your technical equipment and make sure that the internet connection is stable.
Choose a quiet and well-lit room to avoid distractions and disturbances.
Make sure your camera and microphone are working and in good working order.
Log into the video conferencing program 5 minutes before the scheduled time to allow enough time for any technical challenges.
After consulting with your lawyer, use email to send any documents and papers in advance.
Keep important documents and notes within reach for the phone call.
Initial telephone consultation:
Find a quiet place to avoid distractions and interruptions.
Keep important documents and notes within reach for the phone call.
Yes , the preparation of a written legal opinion by the lawyer is subject to a fee . A so-called consultation fee is charged. The amount of the fee for the opinion depends on whether you are a consumer or a businessperson and on the agreed method of remuneration (RVG or remuneration agreement):
Consumers pay a maximum fee of EUR 250 plus 19% VAT for a written legal opinion when calculating the fee according to RVG in accordance with Section 34 Paragraph 1 Clause 3 RVG. This limit only applies if the lawyer carries out an assessment but has not previously informed the client of any additional costs for this service. If a fee agreement is concluded with the lawyer, the consumer will be charged a higher consultation fee . This will usually be the case with complex legal issues because a fee of EUR 250 plus 19% VAT does not cover the costs of a comprehensive discussion and solution-finding process lasting several hours/days.
There is no maximum fee for entrepreneurs, regardless of the method of remuneration.
In any case, an additional flat fee of a maximum of EUR 20 for postal and telecommunications services as well as 19% VAT will be charged.
The lawyer's fee is generally to be paid after completion of the respective legal work . An earlier date can be specified in a fee agreement . The lawyer can also demand an advance payment from his client in accordance with Section 9 of the Lawyers' Act.
According to Section 8 RVG, remuneration is due when the assignment is completed or the matter is closed . The assignment given to the lawyer is completed when the lawyer has fully fulfilled his obligations under the lawyer's contract. A matter is closed when the lawyer has achieved the client's legal protection goal or it is clear that the goal cannot be achieved. After the assignment has been completed/terminated, the lawyer sends the client a signed invoice in accordance with Section 14 UStG . Remuneration is due when the invoice is issued and is to be paid immediately without deductions. The client is in default 14 days after the invoice is issued, unless he has paid, without any further declaration from the lawyer. In individual cases, payment by installments is possible.
Example 1: The client instructs the lawyer to review a draft contract and reformulate clauses that are unfavorable to the client. The lawyer revises the draft contract and sends the result to the client. The assignment is now completed and the fee is due.
Example 2: The client instructs the lawyer to collect a claim plus interest and costs out of court. The lawyer writes a letter of demand. The opponent pays the claim plus interest and costs. This ends the assignment and the fee is due.
A client's order can trigger several fee-related matters , which are considered separately with regard to their due date. Accordingly, one fee-related matter may have been completed and the fee due, while another has not yet been completed.
Example: The client initially instructs the lawyer to collect a claim plus interest and costs from the opponent out of court (1st matter). The lawyer is then to file a lawsuit if the opponent does not meet the claim within a certain period of time (2nd matter). The opponent does not pay within the period set in the out-of-court demand letter (first fee due). The lawyer then files a lawsuit as instructed. The opponent pays upon the court judgment (second fee due).
Note: According to Section 9 of the German Lawyers' Act (RVG), the lawyer has the right to demand an advance payment from his client before starting his work (e.g. at the first consultation). This is based on the fees and expenses already incurred and those expected to be incurred in the future.
In this case, the lawyer issues the client an advance invoice ( invoices before the actual due date for payment). The lawyer includes the amount paid by the client in the total invoice. The client therefore pays no more than he would for an invoice without an advance.
Ja, Anwaltskosten können nach § 9 Abs. 1 Satz 1 EStG als Werbungskosten abgezogen werden. Über § 8 Abs. 1 Satz 1 KStG findet das EStG auch auf Kapitalgesellschaften Anwendung. Damit sind Anwaltskosten grundsätzlich als Betriebsausgaben gemäß § 9 Abs. 1 Satz 1 EStG i.V.m. § 8 Abs. 1 Satz 1 KStG abziehbar.