What happens if my lawyer miscalculates the fees?
January 1, 2023 | 50,00 EUR | answered by Ralf Schröter
Dear lawyer,
I am reaching out to you with a question regarding fee law. My name is Siegfried Fischer and I recently used the services of a lawyer. Unfortunately, I now suspect that the fees were calculated incorrectly and I wonder what consequences this could have for me.
The situation is as follows: I instructed my lawyer to represent me in a legal dispute. I was presented with a fee offer, which I accepted. However, after the completion of the proceedings, I realized that the lawyer's bill was significantly higher than initially agreed upon. I have already discussed this with my lawyer, but he could not provide me with a satisfactory explanation for the higher fees.
I am concerned that my lawyer may not have correctly billed me according to fee law and wonder what options I have to reclaim any possible overpayment. Additionally, I am wondering if my lawyer could face legal consequences for incorrect billing and if I would be entitled to damages in such a case.
I would greatly appreciate it if you could assist me in this matter and provide me with possible solutions. Thank you in advance for your support.
Sincerely,
Siegfried Fischer
Dear Mr. Fischer,
Thank you for your inquiry regarding fee regulations. It is understandable that you are concerned if you suspect that your lawyer may have incorrectly billed you. In such cases, it is important to examine the situation more closely and take legal action if necessary.
First and foremost, it is important to clarify under which fee regulations your lawyer has billed you. In Germany, lawyers' billing is governed by the Lawyers' Compensation Act (RVG). This law regulates the fees for legal services and determines how certain services are to be billed.
If you feel that your lawyer's bill is significantly higher than agreed upon, you should first have a conversation with your lawyer. Ask for a detailed breakdown of the incurred costs and have the calculation explained to you. It may be possible that there are misunderstandings or errors that can be cleared up.
If it turns out that incorrect billing has indeed occurred, you have various options to address this overpayment. You can request in writing for your lawyer to correct the invoice and refund the overpaid amount. If your lawyer does not comply with this request, you can take legal action and possibly involve another lawyer to enforce your rights.
Regarding possible legal consequences for your lawyer in case of incorrect billing, there are various options. If your lawyer has intentionally or grossly negligently billed you incorrectly, this may lead to disciplinary measures. Additionally, you may be able to claim damages if you have suffered a financial loss due to the incorrect billing.
I recommend seeking legal advice on this matter to assess and possibly enforce your rights. I am available for further questions and will assist you in resolving this matter.
Sincerely,
Ralf Schröter
Lawyer
