ABC of the dispute determination
Legal and judicial costs are calculated according to the value of the law, the amount of work and the attorney’s fees. Depending on whether you are legally insured, the case goes to court or an out-of-court settlement comes, the lawyer calculates differently. Note that you must pay the court costs in advance.
How are the Legal and Court Costs Calculated?
1.1. First of all, the value of the Dispute Depends
- Your financial process risk in the civil law dispute is made up of two components: the remuneration of the lawyer and the court fees. Both are calculated according to the so-called subject-matter or literal value. Regardless of whether you bought something, used a service, rented an apartment, and wanted to get divorced or asked for maintenance – in case of legal disputes, the value of the dispute always forms the starting point of the cost calculation. The value in dispute is the material value of your legal dispute expressed in euro.
- In the case of a pure cash claim (eg a rent or purchase price claim), the amount in question constitutes the amount of the dispute. In this case, additional claims, such as interest, are not counted.
- In all other cases, the value of the dispute must be determined. This is done at the latest before the court. Until then, your attorney can estimate the value of the dispute herself. For he must know the value of the dispute in order to be able to calculate both his advance and the court fees which may be required.
- In principle, the higher the value of the dispute, the higher the legal fees and the legal fees. But: If the lawyer calculates an excessive amount of the dispute (e.g. by claiming a clearly Utopian pain relief or due to a calculation error), he cannot demand the excessive compensation
- What Does a Legal Dispute Cost?
If the value of the dispute is absolutely inaccessible, then the rule price applies as an orientation mark. This can be increased depending on the situation or downwards corrected. The amendment of the value of the dispute may be made at the discretion of the court or on the basis of a levy by a party: If the plaintiff, for example, decides that further invoices are not paid, you can change your application at any time within set deadlines.
1.3. What Matters is How Lawyers and Judges Act
In addition to the value of the dispute, the nature of the activity depends. Thus, a claim letter or a simple notice of termination does not cost as much as a comprehensive civil process. The individual attorneys ‘activities are recorded in a remuneration list (VV) with a specific number, which is an integral part of the Lawyers’ Compensation Law.
To the extent that the list does not contain a specific job description, or if the desired activity cannot be estimated economically (e.g. insufficient value in case of a difficult situation), your attorney will make a fee agreement with you.