Contact

Fiedler, Zmija & Partner
Lawyers and Notaries
Lietzenburger Straße 77
10719 Berlin

Tel: +49 30 880 423 0
Fax: +49 30 885 511 58

Get in touch »

A legal dispute must be financially advantageous for our clients

Lawyerly activities carry costs. When the dispute lands in court, there are not only court costs to consider but those of the lawyer as well.

We are of the opinion that carrying through a legal dispute must be financially advantageous for our clients. For this reason we clarify in our initial conversation which costs may feasibly come up.

Costs according to remuneration laws

For an initial consultation there is a standard maximum fee of 190 €. Apart from this, costs are applied according to the RVG (“Rechtsanwaltsvergütungsgesetz” or “Regulations Covering the Payment of Lawyers” - (see http://www.gesetze-im-internet.de/rvg/) and the costs of the notary are likewise calculated according to the GNotKG (“Gerichts- und Notarkostengesetz” or “Court and Notary Price Regulations”). The starting point is almost always the worth of the dispute, or of the object.

Costs arrived at by means of a fee agreement

The calculation according to the Regulations Covering the Costs of Lawyers can be replaced by a fee agreement. For consultations beyond the initial consultation for a consumer, the regulations accommodate a fee agreement. A fee agreement setup is often used in a situation where the client doesn’t yet know exactly what the length of time and scope of activity will be needed, for example in the case of inheritance disputes, disagreements between partners and criminal proceedings.

The fees of the notary are however non-negotiable

The activities of the notary are considered a sovereign activity. The fees for sovereign activities cannot be decided privately. Amounts charged for notarial services undergo official scrutiny with the result that incorrectly charged amounts must be returned or otherwise liquidated.

What advantages does legal expenses protection provide?

If you’re insured for legal expenses, the statutory fees are as a rule calculated according to your legal expenses insurance, although this doesn’t apply in cases of family law - such as divorce proceedings - or the recovery of maintenance. Neither does legal expenses insurance cover notary costs or criminal proceedings where the legal matter is an intentionally committed crime.

Legal consultation or representation in the matter of buying or building a family home is also often not covered by legal expenses insurance. Generally speaking however an initial consultation will be covered.

Do you have claim to legal aid?

Legal aid will be provided to you for a court procedure, after judicial assessment, dependent on the chances of success; and if your status as regards income and financial circumstances warrant it. We would be happy to apply for legal aid on your behalf.

If however the application is denied, you will have to cover all fees applying to this application, as well as the statutory fees which have already accrued. If you are granted legal aid and you lose the court procedure either partially or completely, you will additionally have to cover the costs of the contending party.

Legal aid covers only your own costs. If you win the court procedure, the other party is required to pay your court and lawyer costs. This does not however apply to labour court disputes in the first instance. In these processes, both parties must pay their own costs, independent of whether they win or lose.

Do you have any questions - or would you like to arrange an appointment with us? Then please get in touch.

Contact

Fiedler, Zmija & Partner
Lawyers and Notaries
Lietzenburger Straße 77
10719 Berlin

Tel: +49 30 880 423 0
Fax: +49 30 885 511 58

Get in touch »

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