Attorney's fee

Legal costs are expenses that are incurred when claiming rechtsanwältlicher services.

Germany

In principle, as the administration of justice and quality do not occur with each other in terms of a possible high-quality legal representation of litigants only in a well in a price competition with each other attorneys. To achieve this goal, at least incurred attorney's fees are set by law. Only above this minimum charges a price competition is accepted by the legislature. Other agreements such as on a time basis are generally permitted and also at market rates, but must not lead to a shortfall of minimum legal fees.

Outside court, and, therefore, especially in pure consulting matters, the legislature has now does not impose minimum fees and price competition approved in principle. The lower limit theoretically form the professional law and morality, although not legislatively specified and are therefore difficult to implement. Thus the latter is true in the consulting area principle as with other services, the agreed compensation or failing that the local remuneration, whereby to determine frequently returned to the legal fees right which is no longer to regulate just the pure consulting area referenced.

In advisory mandates fee agreements are very common due to the lack of legal definition. Also in court, so toll legally regulated procedure, fee agreements are taken regularly, because that statutory provisions are regularly perceived as inappropriate. Particular, the idea of cross-subsidization of high value in dispute procedure in favor of lower value in dispute procedure is rejected in practice, since neither the clients with high amounts in dispute still want to let the lawyers do the legal fees to be subsidized by methods lower values ​​in dispute. This leads, in practice, that it is regularly difficult in disputes with low item values ​​to obtain an adequate legal representation without fee agreement. This failure is not bolstered by the legal aid or public legal information.

In the Federal Republic of Germany, the legal costs are so regulated by law in principle outside otherwise agreed in individual cases. They are found from July 1, 2004 in the Lawyers' Remuneration Act ( RVG). Previously, the fees in the Federal Lawyers' Fees ( BRAGO) were regulated.

Depending on the activity, whether the lawyer is working so in criminal, civil or administrative proceedings, fall on different charges.

A rough distinction can set frame charges (eg in civil law ) and amount -scale fees (eg in criminal and social law).

In the framework set fees, the fees calculated as a function of the dispute or subject value for specific charging rates, which in turn depend on the difficulty level, the size and importance of the matter. The risk of liability lawyer also plays a role in the RVG.

The amount of scale fees are the amount in dispute regardless. Here are the RVG for a sum framework for a particular activity. Within this framework, the lawyer determines the fee, also on the scope, difficulty and importance of the matter.

In addition to the clear statutory fees, there is also the opportunity to complete a fee agreement with a non-judicial activities of the lawyer. An agreement should be concluded before the start of operations by the lawyer. In the low values ​​in dispute, the agreements are not uncommon on the regulated in the RVG fees. This is permissible in principle, after the Enlightenment. At high amounts in dispute, such as in trademark and domain name law, the out of court freely agreed fees are often below the regulated in the RVG fees.

Legal costs can often be regressed. Occasionally, they are taken over by the state, eg within the framework of legal aid or even in acquittals in criminal law or the prevail against the State in public law. In inter partes proceedings the attorney's fees are imposed on the losing party regularly. But that does not mean that the lawyer would there recovering its fees, but only to a refund claim in favor of the prevailing party. This means, in practice, especially that the prevailing party shall bear the full risk of insolvency of the other side, because they themselves necessarily owe the lawyer's fees and is merely referenced may not be valuable claim against the other side.

August 1, 2013, the second cost Modernization Act to come into force. This means that individuals who you " prevail in court right [ want to ] continue to dig deeper into their pockets " must, says the chairman of the GDV Association, Dr. Jörg von Fürstenwerth, the impact of the law. GDV is expecting an increase in claims payments for court costs and attorney fees of 16 percent.

Switzerland

In Switzerland, the legal fees are (usually called tariffs) regulated by the cantons, which shall in any State other approaches. Within the specified price range, the lawyers are free to set their fees. In general, a distinction is made between tariffs at cost and after quarrel value, may be charged in the latter supplements for special work. A based remuneration is common in criminal law, the Poor Law and indeterminable amount in dispute; an allowance under dispute in civil law in certain or determinable amount in dispute.

Austria

In Austria, the legal fees depend on the Lawyers' Fees Act and the general criteria for attorneys fees. In addition, a free fee agreement is possible, such as by the hour.