The lawyer has two options to settle his activity. He either concludes a fee agreement with his client (for example, hourly rates can be agreed) or, according to the Rechtsanwaltsvergütungsgesetz (RVG), he settles the statutory fees.
The fees according to the RVG represent the maximum limit of the fees to be paid for the insurer. If the UN has concluded a fee agreement, the insurer does not pay more than would have been incurred under the RVG.
The RVG determines quite exactly in which matters for which activities which fees in Germany can be settled. Differences are z. Civil, administrative and tax matters, criminal matters, fines and social matters.
In civil matters, the fees are based on the value of the object (amount in dispute). This can z. For example, the amount of damage caused to the UN in the event of a traffic accident. Furthermore, a distinction is made as to whether the lawyer merely acted in an advisory capacity, negotiated out of court with the other party (verbally or in writing) or whether he was involved in a legal proceeding. For the extrajudicial activity, he receives a business fee. Here, the lawyer has a margin of discretion, which depends on the extent and difficulty of the matter. At an item value of z. For example, € 5,000 may cost between € 151.50 and € 757.50. In a court procedure, a procedural fee arises, there is no discretion. With an item value of 5,000 € this is 393.90 €. In addition, other fees may arise. The greater the value of the item, the higher the attorney fees (eg item value = € 10,000, procedural fee = € 725.40).
In criminal or fine cases, the fees are based only on the activity of the lawyer. In fines the amount of the fines also plays a role. Again, the scope and difficulty of the matter are relevant. Thus, with a fine of € 180, the lawyer can charge a fee between € 30 and € 290. Often the average value of 160 € is used here. IdR arise two to four fees.
In civil matters, as well as in criminal or penal matters, fees will increase if the procedure changes to a higher instance.