Is the judicial value assessment procedure applicable? The court value determination procedure pursuant to Section 63 GKG is only applicable if the court has determined the value for the court fees and the determined value also applies to the attorney fees. If this is exceptionally not the case, the fees of the RA are determined according to a separate procedure, namely according to 33 RVG.
What is the value determination for attorney fees? A determination of the value of attorney's fees based on the value (No. 3500 VV RVG) may only be made by the court upon application in the proceedings pursuant to Section 33 RVG. The application for legal aid for an intended action is rejected.
What does the activity in a judicial procedure require? § Section 33 (1) RVG requires the activity "in court proceedings" (thus also the identical wording in preliminary remark 3 (1) sentence 1 VV RVG ). It does not depend on the procedural position which the lawyer has taken in the proceedings; likewise,
What fees for legal services in court proceedings are missing?
§ Section 33 (1) RVG only allows an application based on this provision if the fees for the attorney's services in court proceedings are not calculated according to the value applicable to court fees or if there is no value determination for court fees in court proceedings (BGH 25.
This includes any activity of a lawyer as long as the matter is not pending before a court. The extrajudicial activity may be: a consultation beyond the initial consultation. a letter and negotiation with the other party.
The lawyer receives a total of 3.5 fees for a value in dispute of 6900 euros, namely: 1.3 fees for conducting the business as such (procedural fee), 1.2 fees for participating in the court hearing and 1.0 fees for participating in the settlement.
What is the amount in dispute of court fees? The starting point for the calculation of court and attorney fees is the so-called amount in dispute, which is also referred to as the value in dispute. The amount in dispute is the amount at stake in the legal dispute. Usually, this is the claim that one party makes against the other.
In court proceedings, the full fee is always due. In addition, fees for postal and telecommunication services, copying costs, travel costs, absentee fees, lifting charges and, if applicable, other expenses will be incurred. All services are subject to value added tax.
The appointment fee arises in addition to the procedural fee for attending a court hearing or in proceedings in which a decision is exceptionally made without an oral hearing in simplified proceedings pursuant to Section 495a of the Code of Civil Procedure. The amount of the fee is 1.2.
The settlement fee in court proceedings is 1.0 of the fee. However, a settlement is only possible if the parties can dispose of the subject matter of the settlement at all. Mandatory provisions of public law may not be circumvented in the process. It is irrelevant whether the agreement is reached at a hearing or by way of a resolution.
The European Commission support for the production of this publication does not constitute an endorsement of the contents which reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.
