How are lawyer fees calculated in an out-of-court dispute resolution?
June 13, 2024 | 60,00 EUR | answered by Alwin Hohenwarter
Dear lawyer,
I am reaching out to you because I have found myself in a dispute situation and I am not sure how legal fees are calculated in an out-of-court dispute resolution. My name is Tatiana Zollmann and I recently got into a legal dispute with my landlord because he refuses to refund my security deposit.
The current situation is as follows: After moving out, I completed all necessary repairs in my old apartment and left it in a clean condition. However, my landlord is refusing to return my deposit, claiming that there are allegedly outstanding debts.
My concerns lie in not knowing how high the legal fees for an out-of-court dispute resolution will be. I would like to assert my right to the deposit, but I am worried that the costs for a lawyer may be too high.
Therefore, my question to you is: How are legal fees calculated in an out-of-court dispute resolution in my case? Are there possible solutions to keep costs low while still enforcing my rights? I would greatly appreciate it if you could assist me with this matter.
Thank you in advance for your support.
Sincerely,
Tatiana Zollmann
Dear Mrs. Zollmann,
Thank you for your inquiry regarding lawyer fees for out-of-court dispute resolution in your case with your landlord regarding the security deposit. I am happy to explain to you the legal principles and options to keep costs low while still enforcing your rights.
Lawyer fees for out-of-court dispute resolution are usually governed by the Lawyers' Remuneration Act (RVG). The RVG regulates the fees that lawyers can charge their clients for their services. There are different fee categories that can vary depending on the nature and scope of the lawyer's activities.
In the case of out-of-court dispute resolution with your landlord regarding the security deposit, consultation fees usually apply. These fees are based on the subject matter value, i.e. the amount of the security deposit in question. The consultation fee is usually between 1.0 and 1.5 business fees according to the RVG.
To keep costs low, you can enter into a fee agreement with the lawyer. This could be a fee agreement where a flat fee or hourly rate is agreed upon. An agreement based on success fees, where the lawyer's fee depends on the outcome, is also possible. However, please note that a success fee agreement may not be permissible in all cases.
Furthermore, you have the option to apply for legal aid if you do not have sufficient financial means to cover the lawyer fees. Legal aid covers the costs of the legal proceedings, including lawyer fees, if the requirements are met.
In your case, I recommend contacting a lawyer first for advice. Together, you can discuss the best course of action and find a solution to enforce your claims on the security deposit without risking high costs.
I hope that this information has been helpful to you. Please feel free to contact me for any further questions.
Best regards,
Alwin Hohenwarter
Lawyer
