As a rule, I conclude fee agreements. I usually work at certain hourly rates. The amount of the hourly rate depends on the specific circumstances of the respective mandate and the complexity of the factual and legal situation. It is lower, for example, for a private individual who opposes the dissemination of photos in a WhatsApp chat, and higher for a company that needs the drafting of a contract or advice on a legally and economically complex matter. As soon as I know what your specific needs are, I can tell you the applicable hourly rate. Depending on the extent of the estimated amount of work, the value and the difficulty of the matter, a basic fee can also be agreed as an advance, against which the hours are initially offset.
In Germany, statutory fees for lawyers are regulated in the statute of lawyer’s fees (RVG). These also apply if no fee agreement is concluded. In court proceedings, the statutory fees may not be undercut by fee agreements. Statutory fees are generally based on the value of the matter.
Due to my long career, I have a certain amount of experience with the scope of a matter. In the end, however, it always depends on the individual case in question (is it a short legal question, a simple contract, a complex situation with many participants, an escalated dispute, or are all parties basically in agreement, etc.). Feel free to contact me and describe your needs, and I will then make you an offer. Here are a few examples:
You have a short legal question on a topic (e.g., am I allowed to publish my AI song, what rights do I have as an author, do I need a contract, what does a certain provision in my contract mean, is my imprint okay, etc.). This can often be done in one or two hours.
In more complex cases, even initial legal questions often cannot be dealt with in one or two hours. This is the case, for example, if a contract, email correspondence, chat messages, posts, or other documents need to be examined. Such documents usually only tell half of the story; many conversations or events are not reflected in these documents, and I will certainly want to have a detailed conversation with you again. Therefore, in such cases, you may need more time to receive informed advice.
If you want a more detailed opinion on difficult legal topics, detailed options for action, and risk assessments, a short consultation is usually not sufficient. Here, I also need more time to examine the matter and also the legal situation in detail. The statutory fees, which are based on the value of the matter, will also have to be taken into account.
You have received a cease-and-desist letter because you have used a photo on your online presence (e.g., website, social media profile, blog) without having acquired a license for it. The rights holder demands that you cease and desist from further use and that you pay costs, damages, and other expenses. At first glance, it looks like a typical “mass warning” from a law firm that pursues a variety of photo uses for large agencies. You need advice with regard to the possible submission of a cease-and-desist declaration and the merits of payment claims.
An initial consultation of one or two hours may be enough for you (see above under “Short legal question / Initial consultation”). However, you may also want me to prepare a letter of reply for you with or without a cease-and-desist declaration or to represent you externally as your lawyer so that you can take the safest route. You may expect four to five hours or more for external representation and correspondence with the other party, depending on how complicated the negotiations are and whether a complex settlement agreement needs to be achieved. However, the statutory fees may serve as minimum fees in the matter.
Cease-and-desist letters occur in the entire field of copyright and media law. They are virtually mandatory before legal proceedings are initiated in order to avoid cost disadvantages (e.g., § 97a UrhG, § 93 ZPO).
Examples:
These are usually complex cases where it is difficult to give cost estimates in advance. Whether you have received a cease-and-desist letter or want to send one to someone else: the factual and legal situation must always be thoroughly examined. The wrong action can lead to high costs and risks. In such complex cases, a higher number of hours can result. The value of the matter will also have to be taken into account.
You want to apply for a German trademark (DPMA). I prepare the list of goods and services and take care of the correspondence with the trademark office. This should take two hours, unless complicated legal issues need to be considered (e.g., conflicts with other trademarks, protectability of words and/or logos).
For international trademark applications (EUIPO, IR/WIPO), higher fees are incurred, for an EUIPO application perhaps three or four hours, for an IR/WIPO application more hours. In the case of IR marks, local lawyers abroad may also have to be involved. We would discuss this on a case-by-case basis.
You are a writer and a producer has presented you with a short option contract for a screenplay (2 pages). It is only a simple option with a small option fee and no detailed grant of rights or compensation; most of the details will be negotiated later. The review of the contract, the meetings and emails with you, and some minor changes will probably take four hours, unless there are further negotiations with the other side.
A film production company has presented you with a long-form option contract for a screenplay (for the screenplay you are to write) or a film adaptation (for the novel you have already published) (15 pages). It is a qualified option; all provisions of the contract that will come into force when the option is exercised must be examined and negotiated. The review of the contract, the meetings and emails with you, the negotiations with the other party (the production company and probably its lawyers), and the changes to the contract may take 8 to 12 hours or more. The statutory fees will also have to be taken into account in such contracts. For a screenplay or film adaptation fee of EUR 70,000.00, the statutory 1.3 business fee is EUR 2,2022.80 plus expenses and statutory VAT.
If, on the other hand, it is a 50- to 100-page “Option and Literary Purchase Agreement” of an American major in English under American law, significantly more hours will be required or high object values will have to be taken into account, which means higher remuneration can be expected.
You are an artist and a label has presented you with a long-form record licensing agreement (10 to 15 pages) that obliges you to produce one album as well as options for three more albums. As an advance, they offer you (in this example) EUR 40,000 for the first album, more for each of the later albums. The label also gets a share of your income from concerts, etc. This contract will bind you for many years and determine your remuneration. A short consultation is not helpful here. Here, the entire contract must be examined and negotiated, there might be extensive discussions with you and the other party, and several contract drafts will be exchanged between lawyers. It may take more than 10 or 15 hours, depending on how the negotiations go. Complex contracts for major artists may take substantially longer. The statutory fees will also have to be taken into account in the case of high values in the matter.
Untrue facts are claimed about you in a media publication. I send a cease-and-desist letter with the request to submit a cease-and-desist declaration. The other party refuses to give the requested declaration. Therefore, I apply for a preliminary injunction on your behalf, which is issued. The other party appeals. An oral hearing is held and the injunction is upheld by the court. This can take perhaps 15 to 20 hours or more, depending on how extensive the legal briefs are or whether there are negotiations and other meetings. However, the fees of the RVG also apply here (this is mandatory in court proceedings). These fees are based on the value of the matter. In a more private dispute (false statement in a WhatsApp group), the value of the object may be EUR 10,000; in the case of an unlawful report about a well-known celebrity or a company it may be EUR 25,000 and more.
The following fees are usually charged if based on the statutory fees:
| Activity | Value EUR 10,000R | Value 25,000 EUR |
| Cease-and-desist letter: 1.3 out-of-court business fee, lump sum for expenses, VAT | EUR 1,032.44 | EUR 1,457.87 |
| Preliminary injunction:1.3 procedural fee, 1.2 hearing fee, lump sum for expenses, VAT | EUR 1,459.18 (50% of the net out-of-court business fee, i.e., EUR 423.80, was credited) |
EUR 2,064.59 (50% of the net out-of-court business fee, i.e., EUR 602.55, was credited) |
Important: In this example you win, so that my legal fees and the court costs must be reimbursed by the opponent (who must also bear the court costs). However, if the matter was very complex (e.g., more than 15 to 20 hours, depending on the hourly rate and value of the object), the hourly rate fees to be borne by you may be higher than the statutory fees. However, the dispute is not yet over with the preliminary injunction; appeals can be filed, monetary compensation claims can be asserted, etc. Then it depends on whether and how an agreement can be reached in the end (e.g., if the preliminary injunction is accepted as a final ruling) or whether the claims will be pursued in a regular lawsuit, which will result in further costs and fees according to the hourly rate (also under the RVG).
I would be glad to talk to you about your legal needs. Contact me here