On this page you’ll find a clear overview of how legal fees are structured at Henschel Law. Attorney fees are regulated by law.​

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Fees under the Act on the Renumeration of Lawyers (RVG)

Attorney remuneration in Germany is governed by the Act on the Renumeration of Lawyers (RVG). The RVG consists of the statute with the general fee provisions and the Schedule of Fees (Vergütungsverzeichnis, VV; Annex 1), which sets out the individual fee items. The RVG distinguishes between fixed fees and framework (range) fees. Fixed fees typically apply to court work in civil, administrative, and labor matters; framework fees apply primarily to out-of-court engagements.

In civil matters, fees are usually determined by two factors: the amount in dispute (value of the matter) and the work performed under the engagement. The specific amount is derived from the fee table (Annex 2 to the RVG).

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1. Advice/Written expert opinion (Section 34 RVG)​

For verbal or written advice, information (advisory services) or for preparing a written expert opinion the lawyer must aim to effect a fee agreement. If no agreement has been reached, the lawyer receives fees under the civil law provisions.  Is the client a consumer, the following statutory caps apply: 

• First consultation : max. 190 € plus VAT

• Advisory services/Written expert opinion: max. 250 € plus VAT​​

In addition, necessary expenses may be charged (e.g., flat postage/telecommunications allowance).

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2. Out-of-court representation

If the engagement includes representation vis-à-vis third parties (e.g., landlord, employer, contractual counterparty), fees are governed by No. 2300 et seq. VV RVG.

Depending on scope and difficulty, the fee ranges from 0.5 to 2.5. A fee above 1.3 may be charged only if the work was extensive or difficult.

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3. Settlement Fee

If an out-of-court settlement is reached, an additional settlement fee becomes payable (No. 1000 et seq. VV RVG). A settlement exists where, with the attorney’s involvement, the parties conclude an agreement that resolves a dispute or uncertainty regarding a legal relationship.

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4. Judicial Representation

In court proceedings, an attorney’s fees typically include a proceedings fee and a hearing fee. The applicable fee items are set out in the RVG and the Schedule of Fees (VV RVG) and vary by type of proceeding.

If the matter settles in court (e.g., by a court-recorded settlement), an additional settlement fee is incurred (No. 1000 et seq. VV RVG). A settlement exists where, with the attorney’s involvement, an agreement is reached that finally resolves the dispute or uncertainty about a legal relationship.

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Individual Fee Agreements (Section 3a RVG)​

As an alternative, the following fee arrangements are permissible:

• Hourly fee: Billing based on an agreed hourly rate, with transparent, verifiable time records.

• Fixed flat fee: A flat fee amount for clearly defined, manageable matters - independent of time spent or amount of the value of the claim

• Performance fee (Section 4a RVG): Permissible only under strict statutory conditions.

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Legal Aid

A party who, based on their personal and financial circumstances, cannot bear the costs of litigation at all, only in part, or only in installments may, upon application, be granted legal aid (Prozesskostenhilfe, PKH) if the intended prosecution or defense has sufficient prospects of success and does not appear frivolous (Section 114(1) of the German Code of Civil Procedure, ZPO). Legal aid is granted only if three conditions are met: (1) financial need, (2) sufficient prospects of success of the intended action or defense, and (3) no frivolousness. The court examines your personal and financial circumstances as well as the merits of the case. The state treasury initially covers the costs; depending on your means, the court may order repayment in installments to the state treasury (PKH with installments).