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Attorney at law HARALD E. GERSTENBERG

The fees of an attorney at law in Germany

Fees arising by law (legal fees) or by contract (contract fees):
The rules concerning the fees of an attorney at law are laid down in the Rechtsanwaltsvergütungsgesetz (RVG).
The RVG determines the fees according to the legal activities of the attorney at law (legal fees) unless a contract about the fees has been expressly agreed upon (contract fees e.g hourly fees).
For some legal activities of the attorney at law contract fees are mandatory for other activities voluntary.

For legal counsel and other legal services not connected with a litigation (e.g drafting of contracts): contract fees are mandatory

The conclusion of a contract about fees (e.g. hourly fee) between the attorney at law and his client is mandatory for legal services not connected to a litigation (legal counsel, drafting a labour contract or drafting a memorandum for a company to be established).


In case of litigation: legal fees or contract fees, and court fees
In case of litigation legal fees arise according to the RVG unless a special contract about the fees has been concluded replacing the legal fees (see above).
The legal fees of the attorney at law and the court fees depend on the sum in dispute (Streitwert i.e.: the higher the sum in dispute, the higher the fees of the attorney at law and the fees of the court) and the procedure in court e.g.: a judgmentb by default because of the absence of one party at the hearing is cheaper than a jugdment after a controversial hearing of both parties.
Once a case is pending in court additional court fees have to be paid to the state.

When going to court what are the legal fees in your legal matter?
Because the procedure of a case pending at court is not precisely foreseeable predictions of the legal fees arising can only be approximately predicted.

Please do not hesitate to contact me to inform yourself about the fees arising in your case.

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