Fees and Rates
A lawyer lives on the strength of his good professional reputation. He is not afforded any territorial protection or agreement on restraints of trade. A client’s trust is essential for a lawyer’s work because if his fee charged is considered to be reasonable, recommendations will be made for further work.
In any case, it is recommended to conclude a written agreement regarding the basis for the calculation of the rates with your chosen counsel at the outset of your cooperation. After all, the fee can be freely agreed between you and your chosen counsel.
The costs for the different services provided by your lawyer vary; the Austrian Statute on Lawyers' Tariffs (Rechtsanwaltstarifgesetz) and the General Criteria for Professional Fees (Allgemeine Honorar-Kriterien) (see Legislation) may be used as a reference. You may also agree on a lump-sum fee.
For more information, please see the information booklet on lawyer's fees "Mein Recht ist kostbar".
Lawyers are absolutely prohibited from charging commissions or brokerage fees.
In any case, your lawyer will inform you about the costs you can expect before any important step is undertaken and if requested by you. You are the one who decides whether a certain step will be taken or not.
Generally speaking, the lawyer's fee entitlement depends on the amount in dispute and the complexity of the case, as well as on how important and demanding the services to be rendered are.
Who pays and when?
In civil proceedings and in enforcement proceedings, the losing party must reimburse an amount of the winning party's costs.
In proceedings before the Supreme Constitutional Court or the Supreme Administrative Court, and in certain proceedings before the Regional Administrative Courts, the winning appellant will be reimbursed a fixed amount by the authority.
In criminal proceedings, lump-sum reimbursement of costs may be petitioned for in the case of acquittal.
In order to minimise the financial risks involved in legal disputes, you may take out legal expenses insurance. For details please ask you insurance provider.
What can I do if I have a complaint?
If you are not satisfied with your lawyer's services, please contact the bar where your lawyer is registered (according to the registered office).
Burgenland Bar | Carinthia Bar | Lower Austria Bar | Upper Austria Bar | Salzburg Bar | Styria Bar | Tyrol Bar | Vorarlberg Bar | Vienna Bar