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A fee agreement is an agreement between the client and the lawyer about legal services. This deviates from the provisions of the German Lawyers’ Fees Act. The law regulates the case that no agreement is reached.
There is a fee agreement whenever the lawyer’s fee is agreed with his client. This has advantages for the client. The law on lawyers’ remuneration is difficult for clients to understand because it is very complex. Without special knowledge of fee law, the client can hardly understand the lawyer’s remuneration.
A remuneration agreement can be made in any legal area. An agreement on the fee can be made for advice, extrajudicial and judicial representation. A certain amount of the fee is not mandatory. This depends on the particularities of the individual case. A remuneration agreement is helpful to avoid disputes between the client and the lawyer from the outset. The fees are transparent and easy to understand for the client.
The fee agreement must be concluded in text form. This does not mean that the agreement must be concluded in writing. It is necessary that a permanent representation in characters which names the person declaring it is given in a suitable manner, and that the conclusion of the declaration is made recognizable by reproducing the signature name or otherwise. This means that an email can also comply with the text form requirement.
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