Can my lawyer freely determine the amount of his fees?
January 25, 2023 | 50,00 EUR | answered by Ralf Schröter
Dear lawyer,
I am currently involved in a legal dispute and have some questions regarding the fee arrangement of my attorney. My name is Luisa Endres and I recently sought the services of a lawyer to address my legal matters. However, I am now somewhat uncertain as I have heard that lawyers are free to set their fees as they see fit.
I am unsure whether my lawyer is charging fair and reasonable fees or if he may be asking for excessive costs. It is important to me that I am provided with transparent information about the fee structure and that I have the assurance that the costs are within a reasonable range.
I am concerned that I may be paying too much for legal assistance or that my lawyer is billing fees that are not justified. Therefore, I would like to know if lawyers indeed have the freedom to set their fees and if there are guidelines or regulations they must adhere to.
Could you please explain how the fee arrangement for lawyers works and if there are ways to review or negotiate the costs? Are there specific criteria by which I can assess the adequacy of my lawyer's fees? I would appreciate your assessment and any advice on this matter.
Thank you in advance for your support and expertise.
Sincerely,
Luisa Endres
Dear Mrs. Endres,
Thank you for your inquiry regarding the fee arrangement of your lawyer. It is understandable that you are concerned about whether the costs for legal support are reasonable. As a lawyer specializing in fee law, I would like to provide you with more clarity on this matter.
Yes, it is true that lawyers in Germany generally have the freedom to set their fees themselves. The fee amount is usually based on the Lawyers' Fees Act (RVG) or on an individual fee agreement between the lawyer and the client. The RVG sets minimum fees that must be applied in certain cases. These fees are considered reasonable and serve as a guide for fee calculation.
It is important to know that the amount of fees also depends on various factors, such as the value of the dispute, the scope of the lawyer's work, the complexity of the case, and the importance of the matter. Lawyers are obligated to calculate their fees transparently and comprehensibly. They must inform their clients about the cost and, if necessary, enter into a written fee agreement.
If you have doubts about the reasonableness of your lawyer's fees, you can have them reviewed. There is the possibility to have the fee statement reviewed by another lawyer or to contact the local Bar Association. The Bar Association can provide information about common fee practices and may recommend a mediation center to resolve disputes.
To negotiate the costs, you can also have a discussion with your lawyer and ask for an explanation of the fee structure. Together, you can find a solution that is fair for both parties. It is important that you, as the client, feel well-informed and have trust in your lawyer's fee structure.
In conclusion, I would like to emphasize the importance of knowing your rights as a client and seeking legal support in case of uncertainties or misunderstandings. I hope that my explanations have been helpful to you and I am available for further questions.
Sincerely,
Ralf Schröter
Lawyer specializing in fee law
