The legal pursuit of the interests of clients is personal and individual, and so also should be the remuneration. The corresponding statutory requirements of the “Rechtsanwaltsvergütungsgesetz” (Law on the Remuneration of Lawyers) are to be observed, as they contain – in particular for the judicial area – obligatory and mandatory legal provisions.
The decisive factor, however, is the value of the legal services rendered. While the success of the action does not always depend on one person alone (e.g. if the opponent – following the successful legal enforcement of a claim against them – goes bankrupt, or if certain business expectations are shattered because the other side signs the anticipated contract with another party), the contribution of the attorney to the success of the action is still decisive.
Attorneys’ fees are fundamentally determined according to the Law on the Remuneration of Lawyers (RVG). The following options are available: An hourly rate, or a flat fee. The negotiation of a contingency fee is possible, but according to the rules in force today, it may only be agreed upon in a very limited scope.
The amount chargeable is, of course, also determined by the scope and importance of the matter, the economic capacity of the client, and the experience and skill of the attorney. In addition, long-term clients can also negotiate more favorable rates than would apply for a once-off assignment.
The hourly rate must be so calculated that both sides can live reasonably from and with it. Furthermore, with an hourly rate, the client normally has the possibility to reduce the workload of the attorney through their own appropriate assistance and support.
As a general rule, such matters can today be handled more amicably and with more flexibility than before.