Basically, we charge our services according to an hourly rate of 275 € plus VAT. This applies especially in the area of out-of-court advice and representation of interests.
Within the scope of the judicial representation of interests, the regulations of the Lawyers’ Fees Act (RVG) are mandatory in Germany in such a way that lawyers must invoice at least the legally prescribed fees. Agreements that go beyond this are permissible. The statutory remuneration under the RVG depends on the amount in dispute, i.e. the financial interest underlying the legal dispute.
It naturally depends on the scope, complexity and difficulty of the case whether we invoice on the basis of the RVG in the individual case in view of the expected expenditure of time. This often relates to the amount in dispute. The liability risk of the lawyer must also be taken into account.
There is no comparable provision to the Lawyers’ Fees Act in Belgium. In Belgium, billing is generally based on the time spent. It is often common in Belgium for lawyers to charge secretarial costs, office lump sums or correspondence and briefs per page written in addition to the hourly fee. We do not do this, with the exception of travel and necessary translation costs. It may therefore happen that Belgian lawyers offer nominally lower hourly rates. In this case, please take into account that additional costs may be incurred in addition to the lawyer’s time if you compare different providers.
Frequently, again depending on the amount in dispute compared to the complexity and degree of difficulty of the matter, we are prepared to invoice analogous to the Lawyers’ Fees Act, even if we appear as lawyers before Belgian courts. As far as German legal protection insurances are involved, this offer is often gladly accepted.
https://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.png00AIXhibithttps://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.pngAIXhibit2020-10-05 12:55:282020-10-05 12:55:28Fees and Costs
The professional law in Germany requires the lawyer to send his client copies of the exchanged correspondence. The correspondence is expressly not confidential.
In Belgian professional law, the reverse is true. Correspondence is always confidential. The lawyer is prohibited from sending his client the documents sent by the other party (with the exception of court writs) unless these are expressly marked as “official”. However, the lawyer will normally inform his client of the content of the correspondence.
The discrepancy between these rules regularly leads to problems in German-Belgian litigation, as the expectations of the respective clients cannot be met even by means of the practical concordance provided for in the CCBE rules on this matter. We inform our clients and the lawyer of the opposing party about the above at the beginning of the mandate so that no problems arise in the mandate from the conflicting requirements of the German and Belgian codes of conduct.
Civil proceedings are initiated in Belgium by serving a summary statement of claim through a bailiff on the defendant. The costs depend on the number of pages of the summons and usually amount to approximately €500.
The costs may be increased by necessary translation costs if the court language at the place of service differs from the court language of the competent court. In Belgium, with its three official languages, the so-called language act of 1935 applies, which must be observed. This also applies to documents and case law that are relevant to understanding the dispute. These must be translated.
Prior to service, the judicial officer will contact the court registry to set a date for the so-called introductory meeting. This usually takes place approximately three weeks after the date of the summons.
The defendant’s lawyer will indicate his cooperation to the court. For the purpose of agreeing the so-called deadline calendar, he contacts the opposing counsel and asks him to send him his inventory. These are the relevant documents that substantiate the claim. If the other lawyer has only been appointed shortly before the date of the introductory meeting or if the documents are not received in time, the lawyer of the defendant is entitled to an adjournment of the introductory meeting under professional ethics. This is (unfortunately) often used.
In the vast majority of cases, the sole purpose of the introductory meeting is for the parties to the proceedings to record by mutual agreement, in the rare case of the absence replaced by instructions of the court, the respective deadlines within which the statements are to be filed with the court and sent to the other party. Often, however, the requests in the summons contain a reference to Art. 735 of the Belgian Code of Civil Procedure, according to which it is a simple matter that can be pleaded in the introductory session. However, this provision is rarely applied. These are cases in which a legal defense already obviously does not make sense, for example, if the purchase price is not paid after delivery of a good, even though, for example, there is no notification of a defect as required by Art. 38, 39 of the UN Sales Convention. As a rule, however, it is not necessary to make a substantive statement in the introductory session.
After service of the so-called deadline calendar, the parties then exchange the respective pleadings, whereby each party is in principle entitled to two statements. The defendant party deposits the last written statement. The court will only take into account the last written statement of each of the parties. This makes Belgian proceedings more complex than German proceedings, because not only must the other party’s new submissions be responded to, but their arguments must be incorporated into the original pleading and replied to, while the pleading must still remain intelligible to the judge.
The matter is then pleaded in an oral hearing. Due to the tradition of the Code Civil, judges are usually little or not at all prepared. The essential first contact with the dispute is made by the pleading, during which the lawyers present the content of their pleadings. As a rule, no new arguments may be presented. A legal discussion does not take place. The court also is not authorized to give evidence.
The court then issues a judgment, which is either a final judgment, reopens the oral proceedings if the court considers that there is still a need to present the facts of the case or the legal assessment, or orders the taking of evidence, for example by obtaining an expert opinion.
Judgments may be appealed against on appeal. This is done by means of an application to be filed with the court against payment of a fee of 210 €. The procedure is otherwise identical to the procedure at first instance.
New facts may be presented in the appellate instance in the light of the first-instance decision. The appeal period is ten years, but is reduced to one month if the judgment has been served by one of the parties. Before service, the winning party asks the losing party to inform the other party whether it accepts the judgment or whether it intends to appeal. In the former case, the winning party is requested to comply with the operative part of the judgment in a timely manner, in the latter case the parties agree on a date by which an appeal must be lodged. If this does not take place, the party entitled to do so may, after expressly informing the opposing counsel again, arrange for service and subsequently, after further notification, for enforcement. This collegial approach avoids unnecessary service costs.
The prevailing party is entitled to reimbursement of the so-called legal costs and the costs of service if he was the plaintiff. The reimbursement of legal costs is determined by the court on the basis of a royal decree which contains minimum, basic and maximum rates depending on the value in dispute (http://www.droitbelge.be/news_detail.asp?id=864). As a rule, the basic amount is awarded. The costs of legal representation, usually on the basis of a time-based fee, are not decisive for the amount of the legal fees. For example, if the action is dismissed as inadmissible, despite the fact that the parties must also present the substantive legal situation and the merits of the case as a precaution, only the minimum rate is awarded, which is then often disproportionate to the actual legal fees incurred.
Belgian civil proceedings generally last at least two years, and in the French-speaking jurisdiction of Brussels, they sometimes take considerably longer.
https://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.png00AIXhibithttps://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.pngAIXhibit2020-05-25 16:31:262020-10-05 14:41:14Legal representation before courts in Belgium
In Germany, civil proceedings are initiated by filing a statement of claim with the competent court. The court delivers the statement of claim to the defendant parties as soon as the plaintiff has paid the advance on court costs in accordance with the German Law on Court Costs.
After service, the defendant party is given the opportunity to state within two weeks whether it intends to defend itself against the claim. If this is not done, a default judgment may be given in the written procedure, but an objection may still be lodged.
Before the Regional Courts, lawyers are required to appear, so that this declaration can only be made effectively by a lawyer admitted to practice in Germany. The so-called procedural fee becomes due when the statement of claim is filed or the statement of defense is submitted.
By means of an initial injunction, the court then requests the defendant to comment on the statement of claim within a period of often a further two, sometimes four, weeks. As a rule, this period can easily be extended once. The statement of defense is forwarded to the plaintiff party with a request for comments. At this stage of the proceedings, the court will usually set a date for a conciliation hearing and oral proceedings. At this date, the so-called appointment fee of the lawyers is due.
No pleadings are made before German courts in civil proceedings. A legal discussion takes place before the judge. According to § 278 of the Code of civil procedure (ZPO) the judge has the task to discuss with the parties about the possibility of an amicable solution. The judge summarizes the facts of the case and gives a first, preliminary legal assessment, which is the basis for the settlement discussions. The lawyers’ task is to defend their client’s position in the best possible way and to respond to the respective arguments of the other party and the court. Statistically speaking, the majority of cases are settled by mutual agreement at the first hearing. However, one must not lose sight of the fact that it is in the judge’s own interest to settle a dispute quickly without lengthy taking of evidence or the drafting of a judgment. If a settlement is reached, the lawyer receives an increase in his fees by the so-called settlement fee and the court reimburses the plaintiff two thirds of the court costs paid in advance.
If the matter is not settled amicably, the court enters the oral proceedings immediately and sets a date for the pronouncement of a decision. This can either be a judgment when the case is ready for decision; or the court issues an order for evidence or information if there is still a need for clarification.
The court corresponds exclusively with the lawyers and also delivers decisions to them. Time limits for appeals begin on the day the decision is served on the lawyer. An appeal must be lodged within one month of service of the judgment and reasons must be given within a further month. The second time limit may be extended once by one month without the consent of the opposing counsel. In German civil procedural law, it is important to know that no new facts may be presented in the second instance, with the exception of facts that could not be presented in the first instance in a justifiable manner. Also, there is only a limited possibility to attack the evaluation of evidence by the first court. Only in the case of violation of the laws of experience and logic can the court of appeal substitute its assessment of evidence for that of the first court or refer the case back.
The fees of the second instance are increased by approx. Thirty percent compared to the fees of the first instance, if billing is based on the German Lawyers’ Fees Act.
The party winning is entitled to demand reimbursement of the costs incurred as well as the costs of its lawyer on the basis of the Lawyers’ Fees Act. This means that if the party loses the lawsuit, it must pay the other party’s costs in full. It is therefore important, when advising the client on the prospects of success of legal proceedings, to point out the entire litigation risk of the first and second instance. In the event of partial success/failure, the costs will be calculated pro rata. The costs will be shown in a separate cost assessment decision after the conclusion of the proceedings and demanded for reimbursement.
https://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.png00AIXhibithttps://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.pngAIXhibit2020-05-25 16:29:392020-06-17 10:54:54Legal representation before courts in Germany
We conclude a fee agreement with our clients and indicate in this agreement an appropriate initial advance payment. The fee agreement will state whether the fee is calculated on the basis of time spent or in accordance with the German Lawyers’ Fees Act. In the case of invoicing according to time spent, our hourly rate is 275 € plus VAT, unless otherwise agreed in individual cases. We invoice in time units of 6 minutes. In the case of invoicing on the basis of the Lawyers’ Fees Act, the amount in dispute, if it concerns matters of property law, is determined by the financial interest in the legal dispute. It may happen that the amount in dispute increases, for example in the case of a counterclaim or a later increase in the claim. In the case of disputes not related to pecuniary law, e.g., in the drafting of contracts or in the assertion of claims arising from industrial property rights, we will make an agreement on an appropriate amount in dispute in the fee agreement.
In those cases in which billing on the basis of the German Lawyers’ Fees Act (Rechtsanwaltsvergütungsgesetz) or on an hourly basis is possible, we will leave the choice of billing method to you after initial consultation in our fee agreement.
Basically, we charge our services according to an hourly rate of 275 € plus VAT. This applies especially in the area of out-of-court advice and representation of interests.
Within the scope of the judicial representation of interests, the regulations of the Lawyers’ Fees Act (RVG) are mandatory in Germany in such a way that lawyers must invoice at least the legally prescribed fees. Agreements that go beyond this are permissible. The statutory remuneration under the RVG depends on the amount in dispute, i.e. the financial interest underlying the legal dispute.
It naturally depends on the scope, complexity and difficulty of the case whether we invoice on the basis of the RVG in the individual case in view of the expected expenditure of time. This often relates to the amount in dispute. The liability risk of the lawyer must also be taken into account.
There is no comparable provision to the Lawyers’ Fees Act in Belgium. In Belgium, billing is generally based on the time spent. It is often common in Belgium for lawyers to charge secretarial costs, office lump sums or correspondence and briefs per page written in addition to the hourly fee. We do not do this, with the exception of travel and necessary translation costs. It may therefore happen that Belgian lawyers offer nominally lower hourly rates. In this case, please take into account that additional costs may be incurred in addition to the lawyer’s time if you compare different providers.
Frequently, again depending on the amount in dispute compared to the complexity and degree of difficulty of the matter, we are prepared to invoice analogous to the Lawyers’ Fees Act, even if we appear as lawyers before Belgian courts. As far as German legal protection insurances are involved, this offer is often gladly accepted.
https://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.png00AIXhibithttps://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.pngAIXhibit2020-05-25 16:26:162020-10-05 12:54:01Fees and Costs
The initial consultation takes place by telephone and is free of charge. During the initial consultation, we inform our clients about the legal venues and problems that we are aware of and give them an initial recommendation on how to proceed.
According to the jurisprudence of the German Federal Court of Justice, an initial consultation is a “summary, approximate initial consultation”. The lawyer first makes himself/herself knowledgeable and doesn’t summarize this initial consultation in writing. In an initial telephone conversation, we are often unable to provide a complete legal assessment of a case due to a lack of precise knowledge of the facts. This is because we are confronted with your legal problem for the first time. Further research may be necessary for a final assessment. For this reason, we do not charge any fees for this initial consultation.
If, however, the client wishes a more detailed consultation after the initial meeting, without us acting externally or summarizing the consultation in writing, this is a first consultation in the sense of § 34 of the German Lawyers’ Fees Act (RVG). We charge a flat rate of 190 € plus VAT.
https://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.png00AIXhibithttps://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.pngAIXhibit2020-05-25 16:24:562020-10-05 14:36:19Free initial consultation and first consultation
Contacting us is not binding. A mandate shall only come into existence when you expressly give us a mandate, usually in writing or by e-mail, at the latest when you have returned the signed fee agreement to us in advance by e-mail. We can make the acceptance of the mandate dependent on the prior payment of an advance invoice.
The mandate is concluded between the client and the DHK law firm. The European Economic Interest Grouping MERCATORIUS supports the participating law firms in the provision of their services, but is not itself a legal service provider. As far as we rely on third-party service providers, these invoice as a rule directly to our law firm and we account for the costs in full transparency. We inform our clients beforehand of the involvement of third parties.
When billing on the basis of our hourly rate, we usually invoice our services at the end of the month, sending a precise statement of the individual activities according to content and duration by enclosing the so-called time sheets as an attachment to our fee invoice.
https://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.png00AIXhibithttps://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.pngAIXhibit2020-05-25 16:22:202020-10-05 12:52:14Contacts and mandating
In this section, you will find articles and practical information about specific aspects of international law, the conduct of legal proceedings in Germany and Belgium and the costs and fees associated with them. We wish you a pleasant reading. Please do not hesitate to contact us if you have any further questions.
https://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.png00AIXhibithttps://www.mercatorius.eu/wp-content/uploads/2020/05/mercatorius_logo_large-300x117.pngAIXhibit2020-05-25 16:21:312020-06-16 11:23:46Practical Information
Fees and Costs
/by AIXhibitFees and Costs
Basically, we charge our services according to an hourly rate of 275 € plus VAT. This applies especially in the area of out-of-court advice and representation of interests.
Within the scope of the judicial representation of interests, the regulations of the Lawyers’ Fees Act (RVG) are mandatory in Germany in such a way that lawyers must invoice at least the legally prescribed fees. Agreements that go beyond this are permissible. The statutory remuneration under the RVG depends on the amount in dispute, i.e. the financial interest underlying the legal dispute.
It naturally depends on the scope, complexity and difficulty of the case whether we invoice on the basis of the RVG in the individual case in view of the expected expenditure of time. This often relates to the amount in dispute. The liability risk of the lawyer must also be taken into account.
There is no comparable provision to the Lawyers’ Fees Act in Belgium. In Belgium, billing is generally based on the time spent. It is often common in Belgium for lawyers to charge secretarial costs, office lump sums or correspondence and briefs per page written in addition to the hourly fee. We do not do this, with the exception of travel and necessary translation costs. It may therefore happen that Belgian lawyers offer nominally lower hourly rates. In this case, please take into account that additional costs may be incurred in addition to the lawyer’s time if you compare different providers.
Frequently, again depending on the amount in dispute compared to the complexity and degree of difficulty of the matter, we are prepared to invoice analogous to the Lawyers’ Fees Act, even if we appear as lawyers before Belgian courts. As far as German legal protection insurances are involved, this offer is often gladly accepted.
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Locations
/by AIXhibitLocations
Aachen, Germany
D·H&K Aachen
Jülicher Str. 215
DE-52070 Aachen
Telefon: +49 (0)241 / 9 46 21-0
Telefax: +49 (0) 241/ 9 46 21-111
E-Mail: imfeld@mercatorius.eu
Cologne, Germany
Mercatorius GmbH & Rechtsanwaltskanzlei
Landgrafenstraße 49
DE-50931 Cologne
Liège, Belgium
MERCATORIUS SRL/GmbH
Rue Louvrex, 55 – 57
B-4000 Liège
FLHM LIÈGE
Bd. de la Sauvenière, 117
B-4000 Liège
Verviers, Belgium
FLHM VERVIERS
Rue du Palais, 64
B-4800 VERVIERS
Welkenraedt, Belgium
FLHM PUBLICUM
Rue Mitoyenne, 9 –
B-4840 Welkenraedt
Maastricht, Netherlands
coming soon
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Legal correspondence
/by AIXhibitLegal correspondence
The professional law in Germany requires the lawyer to send his client copies of the exchanged correspondence. The correspondence is expressly not confidential.
In Belgian professional law, the reverse is true. Correspondence is always confidential. The lawyer is prohibited from sending his client the documents sent by the other party (with the exception of court writs) unless these are expressly marked as “official”. However, the lawyer will normally inform his client of the content of the correspondence.
The discrepancy between these rules regularly leads to problems in German-Belgian litigation, as the expectations of the respective clients cannot be met even by means of the practical concordance provided for in the CCBE rules on this matter. We inform our clients and the lawyer of the opposing party about the above at the beginning of the mandate so that no problems arise in the mandate from the conflicting requirements of the German and Belgian codes of conduct.
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Legal representation before courts in Belgium
/by AIXhibitLegal representation before courts in Belgium
Civil proceedings are initiated in Belgium by serving a summary statement of claim through a bailiff on the defendant. The costs depend on the number of pages of the summons and usually amount to approximately €500.
The costs may be increased by necessary translation costs if the court language at the place of service differs from the court language of the competent court. In Belgium, with its three official languages, the so-called language act of 1935 applies, which must be observed. This also applies to documents and case law that are relevant to understanding the dispute. These must be translated.
Prior to service, the judicial officer will contact the court registry to set a date for the so-called introductory meeting. This usually takes place approximately three weeks after the date of the summons.
The defendant’s lawyer will indicate his cooperation to the court. For the purpose of agreeing the so-called deadline calendar, he contacts the opposing counsel and asks him to send him his inventory. These are the relevant documents that substantiate the claim. If the other lawyer has only been appointed shortly before the date of the introductory meeting or if the documents are not received in time, the lawyer of the defendant is entitled to an adjournment of the introductory meeting under professional ethics. This is (unfortunately) often used.
In the vast majority of cases, the sole purpose of the introductory meeting is for the parties to the proceedings to record by mutual agreement, in the rare case of the absence replaced by instructions of the court, the respective deadlines within which the statements are to be filed with the court and sent to the other party. Often, however, the requests in the summons contain a reference to Art. 735 of the Belgian Code of Civil Procedure, according to which it is a simple matter that can be pleaded in the introductory session. However, this provision is rarely applied. These are cases in which a legal defense already obviously does not make sense, for example, if the purchase price is not paid after delivery of a good, even though, for example, there is no notification of a defect as required by Art. 38, 39 of the UN Sales Convention. As a rule, however, it is not necessary to make a substantive statement in the introductory session.
After service of the so-called deadline calendar, the parties then exchange the respective pleadings, whereby each party is in principle entitled to two statements. The defendant party deposits the last written statement. The court will only take into account the last written statement of each of the parties. This makes Belgian proceedings more complex than German proceedings, because not only must the other party’s new submissions be responded to, but their arguments must be incorporated into the original pleading and replied to, while the pleading must still remain intelligible to the judge.
The matter is then pleaded in an oral hearing. Due to the tradition of the Code Civil, judges are usually little or not at all prepared. The essential first contact with the dispute is made by the pleading, during which the lawyers present the content of their pleadings. As a rule, no new arguments may be presented. A legal discussion does not take place. The court also is not authorized to give evidence.
The court then issues a judgment, which is either a final judgment, reopens the oral proceedings if the court considers that there is still a need to present the facts of the case or the legal assessment, or orders the taking of evidence, for example by obtaining an expert opinion.
Judgments may be appealed against on appeal. This is done by means of an application to be filed with the court against payment of a fee of 210 €. The procedure is otherwise identical to the procedure at first instance.
New facts may be presented in the appellate instance in the light of the first-instance decision. The appeal period is ten years, but is reduced to one month if the judgment has been served by one of the parties. Before service, the winning party asks the losing party to inform the other party whether it accepts the judgment or whether it intends to appeal. In the former case, the winning party is requested to comply with the operative part of the judgment in a timely manner, in the latter case the parties agree on a date by which an appeal must be lodged. If this does not take place, the party entitled to do so may, after expressly informing the opposing counsel again, arrange for service and subsequently, after further notification, for enforcement. This collegial approach avoids unnecessary service costs.
The prevailing party is entitled to reimbursement of the so-called legal costs and the costs of service if he was the plaintiff. The reimbursement of legal costs is determined by the court on the basis of a royal decree which contains minimum, basic and maximum rates depending on the value in dispute (http://www.droitbelge.be/news_detail.asp?id=864). As a rule, the basic amount is awarded. The costs of legal representation, usually on the basis of a time-based fee, are not decisive for the amount of the legal fees. For example, if the action is dismissed as inadmissible, despite the fact that the parties must also present the substantive legal situation and the merits of the case as a precaution, only the minimum rate is awarded, which is then often disproportionate to the actual legal fees incurred.
Belgian civil proceedings generally last at least two years, and in the French-speaking jurisdiction of Brussels, they sometimes take considerably longer.
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Legal representation before courts in Germany
/by AIXhibitLegal representation before courts in Germany
In Germany, civil proceedings are initiated by filing a statement of claim with the competent court. The court delivers the statement of claim to the defendant parties as soon as the plaintiff has paid the advance on court costs in accordance with the German Law on Court Costs.
After service, the defendant party is given the opportunity to state within two weeks whether it intends to defend itself against the claim. If this is not done, a default judgment may be given in the written procedure, but an objection may still be lodged.
Before the Regional Courts, lawyers are required to appear, so that this declaration can only be made effectively by a lawyer admitted to practice in Germany. The so-called procedural fee becomes due when the statement of claim is filed or the statement of defense is submitted.
By means of an initial injunction, the court then requests the defendant to comment on the statement of claim within a period of often a further two, sometimes four, weeks. As a rule, this period can easily be extended once. The statement of defense is forwarded to the plaintiff party with a request for comments. At this stage of the proceedings, the court will usually set a date for a conciliation hearing and oral proceedings. At this date, the so-called appointment fee of the lawyers is due.
No pleadings are made before German courts in civil proceedings. A legal discussion takes place before the judge. According to § 278 of the Code of civil procedure (ZPO) the judge has the task to discuss with the parties about the possibility of an amicable solution. The judge summarizes the facts of the case and gives a first, preliminary legal assessment, which is the basis for the settlement discussions. The lawyers’ task is to defend their client’s position in the best possible way and to respond to the respective arguments of the other party and the court. Statistically speaking, the majority of cases are settled by mutual agreement at the first hearing. However, one must not lose sight of the fact that it is in the judge’s own interest to settle a dispute quickly without lengthy taking of evidence or the drafting of a judgment. If a settlement is reached, the lawyer receives an increase in his fees by the so-called settlement fee and the court reimburses the plaintiff two thirds of the court costs paid in advance.
If the matter is not settled amicably, the court enters the oral proceedings immediately and sets a date for the pronouncement of a decision. This can either be a judgment when the case is ready for decision; or the court issues an order for evidence or information if there is still a need for clarification.
The court corresponds exclusively with the lawyers and also delivers decisions to them. Time limits for appeals begin on the day the decision is served on the lawyer. An appeal must be lodged within one month of service of the judgment and reasons must be given within a further month. The second time limit may be extended once by one month without the consent of the opposing counsel. In German civil procedural law, it is important to know that no new facts may be presented in the second instance, with the exception of facts that could not be presented in the first instance in a justifiable manner. Also, there is only a limited possibility to attack the evaluation of evidence by the first court. Only in the case of violation of the laws of experience and logic can the court of appeal substitute its assessment of evidence for that of the first court or refer the case back.
The fees of the second instance are increased by approx. Thirty percent compared to the fees of the first instance, if billing is based on the German Lawyers’ Fees Act.
The party winning is entitled to demand reimbursement of the costs incurred as well as the costs of its lawyer on the basis of the Lawyers’ Fees Act. This means that if the party loses the lawsuit, it must pay the other party’s costs in full. It is therefore important, when advising the client on the prospects of success of legal proceedings, to point out the entire litigation risk of the first and second instance. In the event of partial success/failure, the costs will be calculated pro rata. The costs will be shown in a separate cost assessment decision after the conclusion of the proceedings and demanded for reimbursement.
Contact
Fon: +49 (0) 241 / 9 46 21-0
E-Mail: imfeld@mercatorius.eu
Fee Agreement
/by AIXhibitFee Agreement
We conclude a fee agreement with our clients and indicate in this agreement an appropriate initial advance payment. The fee agreement will state whether the fee is calculated on the basis of time spent or in accordance with the German Lawyers’ Fees Act. In the case of invoicing according to time spent, our hourly rate is 275 € plus VAT, unless otherwise agreed in individual cases. We invoice in time units of 6 minutes. In the case of invoicing on the basis of the Lawyers’ Fees Act, the amount in dispute, if it concerns matters of property law, is determined by the financial interest in the legal dispute. It may happen that the amount in dispute increases, for example in the case of a counterclaim or a later increase in the claim. In the case of disputes not related to pecuniary law, e.g., in the drafting of contracts or in the assertion of claims arising from industrial property rights, we will make an agreement on an appropriate amount in dispute in the fee agreement.
In those cases in which billing on the basis of the German Lawyers’ Fees Act (Rechtsanwaltsvergütungsgesetz) or on an hourly basis is possible, we will leave the choice of billing method to you after initial consultation in our fee agreement.
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Fees and Costs
/by AIXhibitFees and Costs
Basically, we charge our services according to an hourly rate of 275 € plus VAT. This applies especially in the area of out-of-court advice and representation of interests.
Within the scope of the judicial representation of interests, the regulations of the Lawyers’ Fees Act (RVG) are mandatory in Germany in such a way that lawyers must invoice at least the legally prescribed fees. Agreements that go beyond this are permissible. The statutory remuneration under the RVG depends on the amount in dispute, i.e. the financial interest underlying the legal dispute.
It naturally depends on the scope, complexity and difficulty of the case whether we invoice on the basis of the RVG in the individual case in view of the expected expenditure of time. This often relates to the amount in dispute. The liability risk of the lawyer must also be taken into account.
There is no comparable provision to the Lawyers’ Fees Act in Belgium. In Belgium, billing is generally based on the time spent. It is often common in Belgium for lawyers to charge secretarial costs, office lump sums or correspondence and briefs per page written in addition to the hourly fee. We do not do this, with the exception of travel and necessary translation costs. It may therefore happen that Belgian lawyers offer nominally lower hourly rates. In this case, please take into account that additional costs may be incurred in addition to the lawyer’s time if you compare different providers.
Frequently, again depending on the amount in dispute compared to the complexity and degree of difficulty of the matter, we are prepared to invoice analogous to the Lawyers’ Fees Act, even if we appear as lawyers before Belgian courts. As far as German legal protection insurances are involved, this offer is often gladly accepted.
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Free initial consultation and first consultation
/by AIXhibitFree initial consultation and first consultation
The initial consultation takes place by telephone and is free of charge. During the initial consultation, we inform our clients about the legal venues and problems that we are aware of and give them an initial recommendation on how to proceed.
According to the jurisprudence of the German Federal Court of Justice, an initial consultation is a “summary, approximate initial consultation”. The lawyer first makes himself/herself knowledgeable and doesn’t summarize this initial consultation in writing. In an initial telephone conversation, we are often unable to provide a complete legal assessment of a case due to a lack of precise knowledge of the facts. This is because we are confronted with your legal problem for the first time. Further research may be necessary for a final assessment. For this reason, we do not charge any fees for this initial consultation.
If, however, the client wishes a more detailed consultation after the initial meeting, without us acting externally or summarizing the consultation in writing, this is a first consultation in the sense of § 34 of the German Lawyers’ Fees Act (RVG). We charge a flat rate of 190 € plus VAT.
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Contacts and mandating
/by AIXhibitContacts and mandating
Contacting us is not binding. A mandate shall only come into existence when you expressly give us a mandate, usually in writing or by e-mail, at the latest when you have returned the signed fee agreement to us in advance by e-mail. We can make the acceptance of the mandate dependent on the prior payment of an advance invoice.
The mandate is concluded between the client and the DHK law firm. The European Economic Interest Grouping MERCATORIUS supports the participating law firms in the provision of their services, but is not itself a legal service provider. As far as we rely on third-party service providers, these invoice as a rule directly to our law firm and we account for the costs in full transparency. We inform our clients beforehand of the involvement of third parties.
When billing on the basis of our hourly rate, we usually invoice our services at the end of the month, sending a precise statement of the individual activities according to content and duration by enclosing the so-called time sheets as an attachment to our fee invoice.
Contact
Fon: +49 (0) 241 / 9 46 21-0
Mobile number: +49 (0) 173 4211372
E-Mail: imfeld@mercatorius.eu
Practical Information
/by AIXhibitIn this section, you will find articles and practical information about specific aspects of international law, the conduct of legal proceedings in Germany and Belgium and the costs and fees associated with them. We wish you a pleasant reading. Please do not hesitate to contact us if you have any further questions.
Navigation
Short portrait
Contact
Guido Imfeld, lawyer
Jülicher Str. 215
52070 Aachen
Germany
Fon: +49 (0) 241 / 9 46 21-0
Fax: + 49 (0) 241 / 9 46 21-111
E-Mail: imfeld@mercatorius.eu translations