FEES

Fees

Initial consultation

Upon the start of a professional cooperation, an action or a successful intervention, assessment of the relevant facts and analysis of the legal framework and positions is necessary.

We offer the initial consultation upon a lump sum basis. The offered lump sum includes an appointment for legal counsel (meeting at our office, telephone/Skype conversation), the analysis of your case and a written summary via e-mail. In our written summary, we regularly provide an outlook on the chances, costs and eventual risks of our intervention. We also include an estimation of the costs and fees as well as payment modalities.

Civil actions – fees according to the Attorney‘s Fee Rate Act.

In civil actions, the losing party is regularly ordered to compensate the winning party for their fees and costs. The fees and costs include the court fees, the fees for experts consulted my the court, fees for formal proceedings outside court and attorney’s costs.

The exact amount of compensation for the attorney‘s costs is ruled by the Attorney‘s Fee Rate Act („Rechtsanwaltstarifgesetz“). The costs for individual services are calculated according to a rate system. The costs depend on the overall value of the claim. The value of the claim serves as base self-assessment. Further, the number and volume of services (number and duration of oral hearings, number of submissions etc.) are considered in the assessment of costs.

Besides the legal assessment of the legal merits and chances of a court action, we strongly recommend to take into consideration a rough estimation of the costs, to the action in order to avoid costly surprises.

If you wish us to represent you in the court action, we will gladly represent you for fees based on the Attorney‘s Fee Rate Act. If we succeed in fully enforcing your legal position, the opposing side will be ordered to bear the costs of our legal representation. If we succeed in part, the court is entitled to grant compensation to the extent of success. In case of dismissal, it will be ordered to compensate the opposing party for their costs.

Contact us if you wish us to assess the chances of success of enforcement of your legal position in an action (also see „court actions“), the respective costs and legal risks.

We will gladly cooperate with your legal expenses insurance. We regularly contact your legal expenses insurance to check if at least part of the costs of our intervention on your behalf are covered. Some legal expenses insurances provide for a retention. We will get in touch with your legal expenses insurance to clarify if and to what extent the costs of civil action are covered by your legal expenses insurance.

Hourly rates

In a corporate context, for services of legal counsel and cases outside the classical civil courts, e.g. public procurement procedures or proceedings before administrative authorities, we regularly charge hourly fees. The fees are calculated on a 10 minutes minimum basis.

Our billing is totally transparent. Attached to any note the fees, you will find a detailed list of all services including a description of service, duration and connected fees.

In order to ensure full transparency, will gladly inform you on the accrued fees and notify you about the approach of a pre-defined amount.

General Fee Recommendations for Attorney’s („Allgemeine Honorarkriterien für Rechtsanwälte‘) published by the Bar Association

For specific proceedings before administrative authorities and penal courts the Bar Association has defined principles for the calculation and billing of attorneys fees. These principles have been published in the so called General Fee Recommendations for Attorney’s („Allgemeine Honorarkriterien für Rechtsanwälte“).

If you wish us to represent you in a case ruled by the General Fee Recommendations for Attorney’s, e.g. criminal proceedings before a penal court, civil claims as a crime victim tob e enforced before a penal court or others, we may agree on the calculation of fees according to the General Fee Recommendations for Attorney’s.

Links:

https://tarif.manz.at/index.jsf (application for the calculation of fees in civil court actions according to the Attorney‘s Fee Rate Act)

www.justiz.gv.at (official website oft he Austrian jurisdiction)

https://www.rechtsanwaelte.at/index.php?eID=tx_nawsecuredl&u=0&g=0&t=1433050247&hash=c0bd8763b55f7ed4613d57d2ee9b8d445c348aef&file=uploads/tx_templavoila/ahk_28052015.pdf (General Fee Recommendations for Attorney’s published by the Bar Association)

www.rakwien.at (Vienna Bar Association)

http://www.rechtsanwaelte.at/ (Austrian Bar Association)