Do I have to bear the legal costs of the other party as the winner of a lawsuit?
August 15, 2022 | 60,00 EUR | answered by Alice Schulz
Dear lawyer,
I am Carsten Kockel and I recently won a lengthy legal dispute against another party. However, I am now concerned that as the winner of the legal dispute, I may be required to bear the legal costs of the opposing party. I am unsure if this is legally possible and what consequences this could have for me.
The situation is as follows: I have won the legal dispute and emerged as the victor in the proceedings. However, I have learned that in some cases, the winner of a legal dispute may also be required to bear the legal costs of the losing party. This is causing me great concern, as the legal costs of the opposing party could potentially be very high and I am not willing to bear them.
My question to you as a lawyer specializing in fee law is therefore: Do I really have to bear the legal costs of the opposing party as the winner of a legal dispute? If so, what options do I have to avoid or reduce these costs? Are there any statutory regulations or court rulings that specifically address my situation and could provide me with clarity?
I would be very grateful if you could assist me in this matter and provide me with a legally sound answer to my question. Thank you in advance for your support.
Sincerely,
Carsten Kockel
Dear Mr. Kockel,
Thank you for your inquiry regarding the legal costs in case of a successful lawsuit. As a lawyer specializing in fee law, I understand your concerns and will try to provide you with a detailed answer to your question.
In Germany, the so-called cost law applies, which is regulated in the Lawyers' Remuneration Act (RVG). According to § 91 para. 1 of the Civil Procedure Code (ZPO), the losing party bears the costs of the lawsuit, including the lawyer's fees. This means that normally, the losing party must bear the lawyer's fees of the prevailing party.
However, there are exceptions to this principle. For example, in case of partial success or a settlement, the costs of the lawsuit may be divided proportionally between both parties. The court may also make a cost decision based on equitable considerations and deviate from the general obligation to bear costs.
To be sure of how the cost decision could look in your specific case, I recommend consulting a lawyer who can review your files and advise you individually. They will also show you possible options on how to avoid or reduce the lawyer's fees of the opposing party.
It is important to mention that there is no one-size-fits-all answer to your question, as each legal situation must be considered individually. Therefore, it is advisable to seek advice from an experienced lawyer to get a well-founded assessment of your situation.
I hope that these information could help you and I am available for further questions. Thank you for your trust, and I wish you success in your future actions.
Best regards,
Alice Schulz, Lawyer
