Do I have to pay the lawyer's fees even if my attorney is not successful?
August 14, 2022 | 50,00 EUR | answered by Ralf Schröter
Dear lawyer,
I am Adele Krüger and I urgently need your help in a legal matter. My lawyer handled a case for me in which I wanted to claim damages due to a breach of contract. Unfortunately, my lawyer was unsuccessful in this case and the opponent was not ordered to pay damages.
Now the question arises for me whether I still have to pay the legal fees, even though my lawyer was not successful. I am worried that the costs for legal advice and representation in this case could pose unnecessary financial burdens for me.
I would like to know from you if it is common in such a case for the client to still have to bear the legal fees even if the lawyer was not successful. Are there possibly ways to reduce or minimize the costs if no success was achieved?
I would be very grateful if you could help me in this matter and show me possible solutions. I look forward to your professional assessment and thank you in advance for your support.
Sincerely,
Adele Krüger
Dear Mrs. Krüger,
Thank you for your inquiry regarding legal costs in a case where your lawyer has not been successful. It is understandable that you are concerned about the financial burden of legal fees, especially when the desired outcome is not achieved. In such cases, it is important to be aware of the legal framework and to explore possible options for reducing or minimizing costs.
In Germany, the principle of lawyer's fees according to the Lawyers' Remuneration Act (RVG) applies. According to the RVG, the client must generally bear the legal costs, regardless of whether the lawyer was successful in the specific case or not. This means that you will typically have to pay the agreed lawyer's fees and expenses, even if the desired damages were not awarded.
However, there are exceptions and ways to reduce costs. For example, you can negotiate a fee agreement with your lawyer that includes a success fee arrangement or a flat fee. In such cases, costs can be determined in advance and made more transparent.
Furthermore, in the case of failure, it is possible to cover the costs of the legal dispute through legal aid. In this case, the court will assess the financial situation of the plaintiff and may, under certain conditions, cover the costs of the legal dispute.
It is important to note that each situation is individual, and therefore it is advisable to seek advice from an experienced lawyer to find the best possible solution for your specific situation. I am happy to provide you with detailed advice and support in exploring possible options for cost minimization.
I hope this information has been helpful to you. Please do not hesitate to contact me with any further questions. I am at your disposal.
Sincerely,
Ralf Schröter
Lawyer specializing in fee law
