Can I get the costs of my lawyer reimbursed by the other party?
July 8, 2023 | 50,00 EUR | answered by Ralf Schröter
Dear lawyer,
My name is Jan Otten and I have a question regarding the reimbursement of costs for my lawyer by the opposing party. In my case, it was a dispute with my landlord in which I was successful. My lawyer has been very helpful to me and I am very satisfied with his work, however, the legal fees are a significant financial burden for me as a tenant.
I have heard that in such cases it is possible to get the costs for my lawyer reimbursed by the opposing party. Is this true and if so, under what conditions is this possible? Are there specific criteria that need to be met in order for the costs to be covered by the opposing party?
I am worried that I will end up stuck with the costs and would like to know if there is a way to get the costs for my lawyer reimbursed. Are there specific formalities that I need to be aware of or what steps do I need to take to apply for the reimbursement of legal fees?
I would be very grateful if you could assist me in this matter and provide me with possible solutions. Thank you in advance for your help.
Sincerely,
Jan Otten
Dear Mr. Otten,
Thank you for your inquiry regarding the reimbursement of legal fees by the opposing party in your case against your landlord. I am pleased to hear that you are satisfied with the work of your lawyer and that you were successful.
In principle, it is indeed possible to have the costs of your lawyer reimbursed by the opposing party. This is regulated in the German legal system under the so-called cost reimbursement claim according to § 91 ZPO. According to this provision, the losing party in a civil lawsuit bears the costs of the legal proceedings, including the legal fees. This means that your landlord must cover the costs of your lawyer if you have prevailed in the legal dispute.
To obtain reimbursement of legal fees from the opposing party, certain conditions must be met. First of all, the costs for your lawyer must have been necessary. This means that hiring a lawyer was appropriate and necessary to safeguard your legal interests. Furthermore, the costs must also be reasonable, i.e. they must not be excessive. Your lawyer must have invoiced according to the Lawyers' Remuneration Act (RVG).
Furthermore, you must assert the reimbursement of legal fees from the opposing party within a certain deadline. Usually, you must do this directly within the course of the proceedings, i.e. in the final invoice or in the cost assessment procedure. It is therefore important that you discuss the possibility of cost reimbursement with your lawyer at an early stage.
If the requirements for the reimbursement of legal fees from the opposing party are met, you generally have a right to reimbursement. You should then claim the costs from the opposing party and, if necessary, enforce them through legal means if the opposing party does not pay voluntarily.
I hope that this information has been helpful to you. If you have any further questions or need assistance, I am at your disposal.
Yours sincerely,
Ralf Schröter
Lawyer
