FAQ Lawyer Part III

7. HOW IS THE FEE CALCULATED AND WHEN SHALL IT BE PAID?

In the course of accepting the mandate, the lawyer will inform the client about the principles of invoicing. As proceedings continue, you will be informed periodically or upon request about the amount of fees owed. Maintaining transparency with regard to fees is a professional obligation for the lawyer.

Fees are agreed directly between lawyer and client. The hourly rates used consider specialist knowledge, the difficulty of the task, the interest or value in dispute, special language skills, and proven professional experience. Consequently, hourly rates may vary. Secretarial expenses are usually included in fees for the lawyer’s services, but cash expenses are usually charged separately. Fees are then subject to VAT. It is forbidden to make fees dependent on success.

There may be cases in which an advance payment is required before the lawyer can commence a legal activity. One such scenario is where the lawyer is at risk of being unable to enforce his entitlement to remuneration at a later date. The fundamental problem in this context is legal secrecy, as the lawyer would have to be exempted from this in order to enforce his claim. The request for an advance payment should not be construed as the lawyer distrusting their client: it is simply necessary to maintain the operations of the office. However, the advance may not be higher than the expected costs. In other cases, fees will only be invoiced after a certain period of time and usually periodically in protracted matters.

7.1 AM I ENTITLED TO FREE LEGAL REPRESENTATION?

A person with insufficient funds may apply for free legal representation in the course of pending legal proceedings. In addition to the neediness of the party, the prerequisites are that a lawyer is required to conduct the proceedings and the party’s case does not appear hopeless. It is important to note that a party whose legal costs are borne by the state is obliged to repay those costs using assets they obtain through the proceedings or otherwise. It is up to the competent authority/court to decide whether the conditions for free legal representation are met. A lawyer may, at most, give their opinion on this and help you complete the formalities, but they cannot make binding statements on the granting of free legal representation.

7.2 I HAVE LEGAL PROTECTION INSURANCE; HOW CAN I USE IT?

If you have taken out legal protection insurance and it remains valid, it is advisable to find out in advance whether the desired benefits, such as legal advice or representation, are actually covered within the relevant area of law. If you are able to obtain confirmation of coverage before the initial interview with a lawyer, then the first legal steps can be taken without delay.