How lawyers' fees work in Germany

The amount of a lawyer’s remuneration in Germany follows either from the Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz, RVG) or from a separate fee agreement. Where there is no written agreement, the RVG applies.

Fee agreements are always possible instead of billing the statutory fees. The rules of § 49b BRAO and §§ 3a ff. RVG must, however, be observed. In court proceedings the statutory fees may not be undercut by agreement. Agreeing a higher remuneration than the statutory one is possible at any time.

Statutory fees

The RVG consists of the statutory text and a schedule of fees. The text contains the general rules; the schedule sets out the individual fee items. In civil, administrative and social law matters the fees are calculated from the value of the matter (Gegenstandswert), not from time spent.

This system of effort-independent remuneration is deliberate: matters with a high value are meant to offset, financially, the proportionately high workload in matters with a low value. For clients from jurisdictions where hourly billing is the norm, this is usually the most surprising feature of the German system — and often the more favourable one, because the fee is predictable from the outset.

The initial consultation

For consumers, the fee for a first consultation is capped by statute: it may not exceed 190 euros plus VAT (§ 34 (1) sentence 3 RVG). Anything beyond that we discuss before the work begins.

Legal expenses insurance

If you hold legal expenses insurance, I obtain confirmation of cover before costs arise. Succession law, company law and intentional criminal offences are typically excluded — worth checking before instructing anyone.

If money is tight

Anyone unable to meet the cost of advice or of proceedings may be entitled to advice aid (Beratungshilfe) at the local court, or to legal aid (Prozesskostenhilfe) in court proceedings. Raise it with me — that is best clarified before the first appointment.

Further information is available from the German Federal Bar, brak.de.