Attorney's fee
July 24, 2010 | 30,00 EUR | answered by Michael Vogt
Contrary to the agreement in the consultation, according to which the actual activity of the lawyer should only begin after I had provided the prepayment penalty confirmation, he had already sent a letter to the other party. As a result, I terminated the power of attorney. This was accepted but the request for a prepayment of EUR 1,909.95 was not waived. Therefore, on 10.07.2010, I contacted the Bar Association in Stuttgart for clarification and informed him of this in a separate letter. On 19.07.2010, the Bar Association informed me that they were no longer responsible due to an existing writ of summons procedure. On 23.07.2010, I received the writ of summons which indicated that the application was only submitted to the local court on 21.07.2010.
What can I do to avoid additional costs?
Is this a case for legal expenses insurance?
Can I find a lawyer who will sue another lawyer?
Is it legal for the Bar Association to reject my complaint on 19.07.2010 even though it is proven that the writ of summons procedure was only initiated on 21.07.2010 at the local court?
Dear advice seeker,
Your question, based on the circumstances you described and taking into consideration your input, can be answered as follows:
First of all, it must be noted that the Bar Association does not have the authority to cancel an attorney's fee invoice. Rather, a fee dispute resolution process can only be conducted with the consent of all parties involved. However, this is no longer possible if the claim is already pending before a regular court or has been made legally pending.
Since your lawyer has already taken legal action to assert his alleged claim, the Bar Association is no longer the appropriate point of contact. Instead, if you wish to contest the demand, you must timely file a objection against the payment order. In the ensuing process, the lawyer would ultimately have to prove that you had engaged him for his extrajudicial representation. This would require consideration of the content of the power of attorney granted.
As this is a contractual dispute, your legal expenses insurance may be liable. However, it should be noted that there are various insurance policies in the field of legal expenses, so ultimately only obtaining a confirmation of coverage will provide definitive clarity on the insurance company's liability.
Typically, it should not be a problem to find a lawyer to represent your interests in this matter.
Since you have two weeks after receiving the payment order to file an objection, I would first recommend that you contact your legal expenses insurance on Monday to determine whether the costs can be covered. A simple phone call to the insurance company is usually sufficient. Following this, you should have a lawyer review the cost invoice, providing a detailed account of the circumstances. If your legal expenses insurance is not liable, you should enter into a written fee agreement with the colleague reviewing the invoice, in order to avoid any further "surprises."
I hope that my response has provided you with an initial overview of the legal situation.
Please note that this response, based on the information you provided, is only an initial legal assessment of the situation. It cannot replace a comprehensive evaluation. Adding or omitting relevant information can significantly alter the legal assessment.
Feel free to contact me through the follow-up option on this portal or via my email address for further clarification.
For representation beyond this initial consultation, my law firm is also available to assist you.
Wishing you a pleasant weekend,
Sincerely,
RA Michael Vogt
