The legal basis for invoicing lawyer's fees is found in the "Rechtsanwaltstarif" (Lawyer Fees) and the autonomous guidelines for legal fees.
The amount of a lawyer's fee is oriented towards the value of the matter being disputed (the so-called "Bemessungsgrundlage" = assessment base) and the type of service rendered (see List of Services). The higher a legal service is rated, the higher the respective fee is.
Thus, the fees are scaled in accordance with the range of the individual services (lawsuit, written reports, commissions, conferences, etc.).
The right to agree upon a voluntary fee together with the party represented is unaffected by the List of Fees. The fee can also be invoiced via the time spent, in accordance with our hourly rates. The agreement of a success fee is not permitted.
In cases of court representation, the party which loses the dispute completely must pay all court costs of conducting the trial, of building the legal case or the required defense, including the costs of the opposing party's legal representation. In cases of partial victory in trial and partial loss, all costs are either suspended or divided in just proportion.
The legal basis of court fees is the Austrian Court Fee Law ("Gerichtsgebührengesetz"). Court fees are charged in analogous fashion to lawyer's fees. They are also oriented towards the value of the disputed object and are in principle payable when the suit is filed or other written papers which introduce the legal matter to court are filed.
Beyond that, additional costs may be incurred, e.g. from expertises and/or the testimony of witnesses.