Do you need initial consultancy by a lawyer in order to have the chances of success of a case assessed professionally? The fees depend on the value of the object in dispute, the necessary work involved, and the level of difficulty. Please note that the limit of € 190.00 for the first consultation - which had been fixed by the legislator - no longer applies. For the benefit of the client, the fee for the initial consultancy will be set off in full against the remuneration charged for a potential subsequent assignment.
The lawyers' fees due for arbitration proceedings depend on the value of the interests (for instance whether commercial or private) and on the necessary work involved. In addition to this and depending on the outcome of the proceedings, fees for the arbitrators and administration costs will fall due. Upon request, we will be glad to provide you with a cost estimate relating to your specific case.
out-of-court costs
For civil law activities out of court, the sum of the lawyers fees depends on the value in dispute, for instance if the case relates to a disputed payment claim. If claims are to be collected out-of-court, a service fee will be charged; a conciliation fee will fall due if the claim can be settled with the opponent.
Fee for pleading in court
In civil court proceedings, a fee for pleading in court will fall due in addition to the procedural fee if the lawyer attends court hearings. If agreement with the opponent can be reached in court, a settlement fee will be charged. One half of the mentioned service fee will be set off against the procedural fee, if such fee falls due.
Framework fees in criminal proceedings
In criminal proceedings (state sanctions for culpable wrongdoing), legislation provides for so-called framework fees which depend on the level of difficulty, the scope of the lawyer's activities and the significance of the matter for the client. In addition to a basic fee for the work necessary to get to know the case, and a procedural fee for the handling of the case, the lawyer's participation in court hearings is compensated for by payment of a hearing fee.
By the way: A legal costs insurance can help you mitigate the financial risks involved in litigation. Please note that certain areas of law are usually excluded from such insurance cover, such as divorce (only consultancy services are covered), defence against damage claims and claims relating to commercial or self-employed activities.
In certain situations during the court proceedings - when the court must assume that a defendant will be unable to defend himself/herself - a so-called "Pflichtverteidiger" will be appointed by the court to assist the defendant. This will, for instance, be the case if
The costs will initially be borne by the state.
The court-appointed lawyer will initially be paid by the state. The fees for court-appointed defence are always lower than those for a lawyer chosen by the defendant himself/herself ("Wahlverteidiger"). However, in complicated cases, a lump-sum fee can be fixed which is above the usual fees for a court-appointed lawyer.
If the defendant is convicted, he/she has to repay the costs for the court-appointed lawyer. Furthermore, the court-appointed lawyer may request payment of the (higher) fee for a lawyer chosen by the defendant, if the convicted person has the financial means to pay this fee.
Attorney under German law Ranja Hemam
E-Mail: hemam@gencer-coll.de • Tel. +49-(0)-911-37 66 76-63