Fees
There are three ways to remunerate the defence: statutory fees, a fee agreement, or court-appointed defence. Here we explain all three.
Statutory fees (RVG)
The Lawyers' Fees Act (Rechtsanwaltsvergütungsgesetz, RVG) provides for fixed fees: a set amount applies for each stage of the proceedings, regardless of how much work the case actually requires.
In extensive proceedings this can leave too little room for the defence. We tell you openly whether the statutory fees fit your case.
Fee agreement
We prefer a fee agreement: a fixed fee or remuneration by the hour. An advance payment is usual.
The reason is that the statutory fees are fixed amounts and do not always reflect the actual effort involved. A fee agreement ensures that sufficient time is available for your defence, even if the proceedings become extensive.
Transparency is part of this: if the proceedings end in an acquittal, the state treasury only reimburses the statutory fees. You bear the difference to the agreed fee yourself. We point this out before you enter into a fee agreement.
Court-appointed defence (section 140 StPO)
In cases of mandatory defence, the court orders the appointment of a defence lawyer. Defence is mandatory, for example, in cases involving an allegation of a serious offence (Verbrechen), where the accused is in pre-trial detention, or where the facts or the law are difficult.
The statutory fees are initially paid by the state treasury. In the event of a conviction, they are reclaimed from the convicted person.
Important: even in a court-appointed defence, accused persons may name a defence lawyer of their choice.
Frequently asked questions on fees
What does a criminal defence lawyer cost?
That depends on the route chosen. Fees are charged either under the statutory scale of the Lawyers' Fees Act (RVG), under a fee agreement as a fixed sum or by the hour, or, in the case of a court-appointed defence under section 140 of the Code of Criminal Procedure (StPO), through the state treasury. What comes into consideration in your case we discuss openly at the first meeting, before you instruct us.
Who pays for a court-appointed defence?
The statutory fees of a court-appointed defence are initially paid by the state treasury. In the event of a conviction they are reclaimed from the convicted person. The appointment is therefore not a permanently free defence.
What happens to the costs in the event of an acquittal?
If the proceedings end in an acquittal, the state treasury reimburses the statutory fees. If you have entered into a fee agreement, you bear the difference between the agreed fee and the statutory fees yourself. We point this out before any agreement is concluded.
Why a fee agreement rather than the statutory fees?
The statutory fees are flat amounts per stage of the proceedings and do not always reflect the actual effort involved. A fee agreement ensures that sufficient time is available for the file, for meetings and for applications, even if the proceedings become extensive.
This information is general in nature and does not replace advice on an individual case.
We explain the question of money in detail on the page Cost of criminal defence.
Which model suits you
Which model makes sense in your case depends on the allegation, the scope of the proceedings and your situation. We discuss fees openly at the first meeting, before you instruct us.
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