Gabler & Hendel Lawyers
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The law firm Gabler & Hendel supports you comprehensively and competently both in and out of court. In addition to private individuals, our clients also include start-ups, medium-sized and large companies. We advise and represent them in a variety of everyday and unusual problems.
For us the competent advice and the relationship of trust with the client always comes first.
In order for us to be able to advise and represent you in the best possible way, it goes without saying that we are committed to the greatest possible dedication, further training and close cooperation between the entire Kanzleit team. So you always have an ideal lawyer / specialist lawyer for you and your concerns as a personal contact and also benefit from the expertise and experience of our entire lawyer team.
Often there is uncertainty about what costs can be expected when commissioning a lawyer. In part, this uncertainty even leads to fears that even the first contact - by telephone or in person - with the lawyer could easily lead to cost notes of sheer immeasurable height.
In the worst case, this leads to the fact that the lawyer is delayed so long that in the case irreversible loss of rights have occurred. "The bottom line", the "self-representation" for the (later) clients then more expensive than if from the outset a lawyer would have been entrusted with the matter.
But that need not be! Contrary to all rumors to the contrary, the legal remuneration system is regulated in a transparent manner and as a rule leads to an appropriate and performance-related remuneration.
Statutory fees according to the Lawyers' Remuneration Act (RVG)
Legislators use the RVG to provide a sophisticated remuneration system. It can be roughly subdivided into a paragraph containing general provisions relating to fees, the annex 1 (so - called list of remuneration), which contains the individual charges, and the annex 2 (so - called fee table), which, depending on the so - called object value Read the amount of fees.
Certainly the biggest influence on the amount of legal fees has the value of the item.
Free "translated" is the object value of the monetary expression of the matter. For payment disputes, it is identical to the requested amount of money. If it is not about a specific amount of money, the value of the object is to be determined according to certain regulations.
Slightly shortened: The higher the value of the item, the higher the legal fees.
As a rule, the RVG leads to appropriate results, because as the value of the item increases, so does the liability risk of the attorney involved in the matter.
In addition, clients and lawyers can also regulate the remuneration of the legal profession within certain legal limits by means of a remuneration agreement.
It should be noted in particular that a compensation agreement acc. § 3a paragraph 1 sentence 1 RVG always needs the text form and gem. § 49b paragraph 1 sentence 1 Bundesrechtsanwaltsordnung (BRAO) in connection with § 4 paragraph 1 sentence 1 RVG at least for the court proceedings an agreement is not permissible, which provides for a compensation that is lower than that would result under the RVG.
Common types of remuneration agreements are, for example, time fee arrangements, ie the agreement of certain hourly rates, as well as lump-sum fee agreements, ie, for example, the agreement of a lump sum total for the representation in an instance.
According to § 34 paragraph 1 RVG the lawyer is to work for the extrajudicial consultation, for the preparation of a written opinion and for the activity as mediator on a compensation agreement with the client.
If no remuneration agreement is reached, the lawyer receives fees under the provisions of civil law, but - if the client is a consumer - for the preparation of a written opinion in each case not more than 250, - € and for a first consultation in each case not more than 190, - € amount ,
To take at this point the "fear" before the call to the lawyer: The above costs are only incurred when the client and lawyer agree that the latter should take over the job or the mandate.
The agreement of a so-called success fee is acc. § 49 b paragraph 2 sentence 1 BRAO fundamentally inadmissible.
Only in the narrow limits of § 4a RVG a success fee may be agreed if the client would be held due to its economic circumstances in a wise view without the agreement of a contingency fee from the prosecution. In a judicial proceeding, it may be agreed in the event of failure that no or less than the statutory fee is payable if a reasonable surcharge on the legal remuneration is agreed for the case of success.
If you have questions about the legal fees in your case, please contact our office by phone, mail or arrange a personal meeting at our offices in Regensburg or Landshut.
As you can see, the appointment of a lawyer is very transparent.
The amount of attorney fees usually results either directly from the Rechtsanwaltsvergütungsgesetz (RVG) or from a compensation agreement concluded between the client and the lawyer on a case-by-case basis.