Not every dispute ends up in court
Most mandates in Germany do not start with a lawsuit but with a consultation or a lawyer's letter to the other side. There are statutory fees for these steps too. Knowing them helps you judge whether seeing a lawyer before any lawsuit is worthwhile.
The first consultation
For pure advice, the RVG has no table fee. The lawyer is supposed to agree a fee with you (§ 34 RVG). If there is no agreement and you are a consumer, a cap applies: at most €190 for a first consultation, and at most €250 for further advice or a written opinion. According to the prevailing view, expenses and VAT are added, so a first consultation can cost up to €226.10. Many firms quote a fixed price, so ask beforehand.
If the lawyer then continues to act in the same matter, the consultation fee is credited against later fees unless agreed otherwise (§ 34 (2) RVG).
The lawyer's letter: the business fee
When a lawyer writes to the other side, negotiates or demands payment, a business fee arises under VV 2300. The range is 0.5 to 2.5. The lawyer may charge more than 1.3 only if the matter was extensive or difficult, so 1.3 is the normal case. If the instruction is limited to a simple letter without legal argument, the rate is only 0.3 (VV 2301).
At a €5,000 value, a 1.3 business fee costs €460.85. With the €20 flat rate and 19% VAT, that is €572.21. At €3,000 it is €388.12, at €10,000 €1,032.44. If an out-of-court settlement is reached, a settlement fee of 1.5 (VV 1000) is added, as no court is involved yet.
Who pays for the lawyer's letter?
If the opponent is in default of payment, you can claim the pre-trial lawyer fees from them as damages for default. They are then claimed as an ancillary claim in the lawsuit and do not increase the amount in dispute (§ 4 ZPO). If there is no default, for example because the lawyer writes the first reminder, you usually bear these costs yourself.
Credit against the lawsuit
If the case goes to court after the letter, you do not pay the business fee twice in full. Half of it, at most 0.75, is credited against the procedural fee in court (preliminary note 3 (4) VV RVG). For a 1.3 business fee, that is 0.65. At €5,000, the procedural fee in the lawsuit is reduced by €230.43 net.
For your cost risk this means: the total for out-of-court and court work is lower than the two separate bills added together. The legal costs calculator shows only the costs of the court proceedings; any earlier business fee and its credit come on top.
Fee agreements and hourly rates
Lawyers may agree a fee instead of the statutory fees, for example an hourly rate. The agreement must be in text form and clearly separated from other agreements (§ 3a RVG). In court proceedings it may not undercut the statutory fees. Important for your cost risk: the opponent only ever reimburses the statutory fees. If your agreed fee is higher, you bear the difference yourself even if you win.
Advisory assistance on a low income
If you earn little, you can apply to the local court for an advisory assistance certificate (Beratungshilfe). The lawyer may then only charge you €15; the state pays the rest. For a later lawsuit, legal aid may be available.
Conclusion
A first consultation costs consumers at most €190 plus VAT, and a lawyer's letter at €5,000 around €572. Both can prevent an expensive lawsuit and are partly credited if the case goes to court anyway. Ask about the expected costs before instructing a lawyer. This article is not legal advice.