What does legal advice cost?

Whether it's trouble with your landlord or employer, the consequences of accidents or disputes - problems can often be resolved more quickly with a lawyer. In many cases, legal support can even save you a lot of money. For example, if you are wrongly sued by someone else.

Legal advice is always provided as part of an initial consultation, during which the lawyer will get an overview of your situation and give you an initial idea of how to proceed. But how is this initial consultation billed and what legal advice costs will you incur?

Free initial consultation with a lawyer - costs covered thanks to legal expenses insurance

If you have taken out legal protection insurance for the appropriate area, for example tenancy or employment legal protection, you can usually take advantage of an initial consultation free of charge. The lawyer will then settle the legal advice costs with your insurance company.

If you do not have legal expenses insurance, the lawyer may charge you extra for the initial consultation. Many lawyers will waive this if you subsequently instruct them to handle the entire process. The lawyer can therefore bill you for the first consultation, but does not have to. If the contact is limited to the initial consultation, many lawyers will charge for this afterwards.

Free legal advice - online?

A wide variety of questions on legal topics are asked in online legal forums. Among others, there are also lawyers who provide more or less well-founded answers. However, these forums often only serve as free legal advice for an initial assessment if the issues are relatively simple to clarify. Complicated cases can only be answered with difficulty by a free online legal consultation, as each case is completely individual.

What can you expect after the initial consultation?

Have you decided to instruct a lawyer for your case? The costs for the consultation will then be roughly estimated and submitted to an insurance company. After approval, the lawyer can take action and deal with the case.

Typical services provided by lawyers

Lawyers may charge fees for various types of services. The amount is regulated by law in a table for lawyers‘ fees in the Federal Lawyers’ Act, so that statutory minimum and maximum limits must be observed. The lawyer may incur court costs and out-of-court costs. The differences are summarised here in the table for lawyers' fees.

How are legal fees calculated?

Lawyers can calculate their fees in different ways. This is based on the provisions of the RVG. If there are no specific points here, a calculation according to an individual fee agreement is also possible.

Calculation according to RVG (lawyers' fees)

The lawyer's fee is calculated according to the amount in dispute or value of the matter. There is also a basic fee.

Fee agreement

If there are no specific requirements in accordance with the RVG, an individual fee agreement is possible. This is usually set out in writing between the lawyer and the client. Here, too, there are upper limits that a lawyer may not exceed.

Initial consultations with a lawyer - maximum limit

An initial consultation with a lawyer may not cost more than 190 euros net. However, this only applies if you are seeking legal advice as a private individual. The cap does not apply to entrepreneurs, as the cases are often more difficult and incur higher costs. Self-employed persons and freelancers should therefore enquire about the costs before seeking initial advice or take out legal expenses insurance for the self-employed appropriate to their sector or professional group.

Free legal advice - alternatives

Do you have little money available and can't afford legal expenses insurance? Free legal advice in your municipality may be an alternative for assessing the legal situation.

Recipients of unemployment benefit can also ask a lawyer without paying for it. A certificate from the office for free legal advice can help here. However, the costs for full legal advice are not covered in this case. However, asking a lawyer whether you are in the right or wrong can often be done inexpensively as part of an initial consultation.

Claiming back legal fees

If the case is won, you can reclaim your legal fees in civil proceedings from the other party. However, you can only claim the legal fees at the statutory rate (RVG). The other party does not have to pay increased fees from an individual remuneration agreement.

The lawyer's fees in criminal proceedings must generally be borne by the other party. Only if the case ends in your acquittal do you not have to pay these legal fees and court costs. The state will then pay the costs.