Good legal work has its price.
Let's talk about it.
As lawyers, we usually calculate our costs by the hour. A remuneration agreement will be concluded with you at the beginning of or during the mandate. The hourly rate is individual and depends on the field of law, difficulty and scope of the case and the liability risk.
For narrowly limited activities - e.g. the examination of a sales contract - a flat rate is also possible. In most cases, however, this is hardly possible, as the time required when taking on a mandate often cannot be estimated. Simple problems - especially in family and inheritance law - turn out to be very complicated and time-consuming after a while.
If no remuneration has been individually agreed, the the Lawyers' Remuneration Act (RVG) applies to the fees incurred. In legal proceedings, the RVG also sets the lower limit for legal fees. Lawyers may not agree on underlying fees.
For an initial legal consultation without further activity, the charge is usually between € 150 - 190 (net) for consumers and € 200 - 250 (net) for entrepreneurs.
The notary always calculates according to the GNotKG
Unlike the lawyer, the notary is not allowed to make any fee agreements. He must calculate the statutory fees. Otherwise, he violates professional law and has to face severe sanctions up to and including his impeachment. The fees themselves result from the Court and Notary Fees Act (GNotKG).But this also means that the fees are the same for every notary. “Comparing costs” or “soliciting offers” are therefore pointless. The Federal Court of Justice even ruled in 2018 that the notary (and also the client / broker) who intentionally fell short of the statutory fees could be liable to prosecution for bribery offenses.
The fees according to the GNotKG depend on the value of the item and the type of activity. The calculation is sometimes extremely difficult - especially in family law. Questions such as “What does a will or a marriage contract cost?” Cannot be answered seriously unless you have a detailed knowledge of the financial situation and the intended regulations. The Federal Chamber of Notaries has listed some examples on their website.
As soon as you ask for a draft with the aim of notarization (or an isolated draft), the statutory fees according to the GNotKG arise. The notary does not have to point out that from now on there will be costs - according to the case law, the client must assume this. Nobody can expect the notary to create drafts free of charge or to only settle them when the notarization actually takes place.
Often there is a dispute when a notarization date is canceled. Because even if the notarization is not carried out, almost all of the notary's fees have usually already been incurred.