The professional fee of a german attorney is
regulated by the federal
attorney´s fee law (Rechtsanwaltsvergütungsgesetz).
This law is identical to
all attorneys. The civil code is partially applicable as well.
Decisive for the extent of an attorney fee are:
- the legal complexity,
- the temporal effort,
- the value in litigation or your financial interest.
The location of the lawyer´s branch and the location of
other fee determining factors.
General Mandate Terms
§ 1 Mandate Agreement
These general mandate terms and this remuneration stipulation apply for
mandate-client agreements, notably for any engagement, giving advice, providing
procuring a business or conducting of a case between Dr.
Schwörer and a client. These general mandate
terms apply for all companies, which may be represented by the
signatory of these
These general mandate terms apply for all current and future
without any necessity for reference to them to be repeated.
This agreement applies also so far as the legal service fades into the
background. This may take place for example in the following cases: if
service contains in whole or partly economic advice or economic
advice or if the service is of mediative nature or the service is an
service or a facilitation or a brokerage service. This applies
the cross border freedom to provide service.
Any engegement is awarded independend of a cost absorption of a third
like an insurance.
§ 2 Comprehension of
mandate and remuneration agreement
I A provision of an individually negotiated agreement prevails, as far
as this individual provision contains such a provision, which varies
provisions of this agreement. An individual agreement replaces this
only completely, if this agreement is expressively and comprehensively
agreement replaces all and every written
or oral agreement, which was concluded before this agreement entered
effect. This agreement governs conclusive the mandate-client
Dr. Schwörer and a client, unless a written addendum is agreed
or unless a promise
is given advantaging
III Business terms of a client do not apply,
unless agreed otherwise in
§3 Scope of Mandate
I Purpose of the mandate is an agreed service
and not the performance of
a certain success.
II Information, Advice and explanation are only compulsory upon a
III Dr. Schwörer handles a mandate only from the perspective
European law and the international and supranational law which applies
IV The rights of the mandate relationship which
are due to a client can
only be assigned with prior consent of Dr. Schwörer.
V Dr. Schwörer is eligible to count on the correctness
and completeness of the data submitted by a client. Dr.
Schwörer is not obliged
to verify the submitted data. However, Dr. Schwörer is
entitled to verify the
data submitted by a client.
VI Dr. Schwörer is
authorized to give a sub-power of attorney.
VII The Client undertakes to treat confidentially
all written documents
(expert opinions, memorandums, etc.) provided to him or her and will
them on or reveal their content to third parties unless Dr.
written approval has been obtained. The Client may allow an expert
professional secrecy rules who is advising him or her in the same
to documents provided by Dr. Schwörer, even without Dr.
approval, if the client has placed such expert under an obligation to
§ 4 Liability, Limitation
I Dr. Schwörer is liable to the client
for deliberately caused damages,
unconcerned about which legal basis.
II The liability of Dr. Schwörer by the relationship to the
indemnity by ordinary or slight negligence is hereby limited to
1.000.000 Euro in
each matter and to 2.500.000 € in a
comment in regards to non-European law is non- committal and given
III The liability for gross negligence is not
comprehended by the
previous provision. The parties wish to avoid ambiguities and
concerning these vague legal terms:
Hereto and concerning to an individual
agreement the parties debated and finally agreed upon the following:
The liability shall be limited to 1.000.000
€ in case
a mistake in advise - or any service mentioned in § 1 of this
agreement - is
based on gross negligence.
Beyond that, it shall be straightened out that
Dr. Schwörer is
unlimitedly liable for any willful injury.
IV Dr. Schwörer offers the option to conclude an additional
therefore higher indemnity insurance, as long as the client commits to
higher insurance costs.
§ 5 Correspondence
and data privacy
I Dr. Schwörer may communicate by
email with the client and a third
party. Dr. Schwörer indicates that such electronic data
transfer via the
internet is unsecure concerning confidentiality. Dr. Schwörer
communication by email with PGP.
II Dr. Schwörer may collect, save and use disclosed private
the purpose of the mandate. The client has no right
to record telephone communication (e.g.: calls, skype calls, video
shared screen view, etc).
§ 6 Assignment for
security, offsetting with due claims
I The client assigns all claims of
reimbursements of expenses for
security to Dr. Schwörer with entitling Dr. Schwörer
to indicate the assignment
to the payer on behalf of the client. Dr. Schwörer will not
collect the claim,
as long as the client serves his/ her payment obligations.
II Dr. Schwörer may offset incoming reimbursement and other
favor of the client with due remuneration fee amounts, as far this is
§ 7 Applicable law
This agreement and terms shall be governed by
and construed in
accordance with the laws of Germany. If the English legal meaning
the German legal meaning of this agreement and its terms, the German
shall prevail. All contractual relationships of the parties shall be
exclusively by german law without those provisions of the german
private law referring to the law of another state. The venue is
Schwörer is entitled to sue the client at his/her legal
§ 8 Severability
provision of this agreement is prohibited by law or judged by a court
unlawful, void or unenforceable, the provision shall, to the extent
be severed from this agreement and rendered ineffective as far as
without modifying the remaining provisions of this agreement, and shall
any way affect any other circumstances of or the validity or
this agreement. Any ineffective provision shall be substituted by such
provision of German law, which comes economically as close as possible
to the ineffective
provision. If the client has his place
of business outside Germany, a provision of this agreement which is
void or unenforceable
according to German law shall alternatively be valid and enforceable
to the law of the state where the client has his place of business, if
effect is more favorable for Dr. Schwörer than the substituted
provision in mere German
law. In such a case, the parties are obliged to
precipitate a compromise.
Without achieving a compromise a court shall determine an effective
I In private, public, administrative or tax law
a remuneration is due
according to the value of the matter and the german federal law for
remuneration fee. In
tax files the fee is due according to the tax advisor remuneration law,
the fee is higher than according to the attorney at law remuneration
II In matters of criminal law (also tax evasion law) or international
tax law the remuneration is 75 € per each commenced 15
minutes, except where
the remuneration according to the german federal law for attorney
fee is higher.
III If the service according
to § 1 I is exercised in regards to the law of another state
or on the territory
of another state, the fee of § 4 I, II is double as high as
for cases in German law
practised in Germany. If a fee is due
according to § 4 I, II or IX, then always
the respective highest fee is stipulated. Several clients are liable to Dr.
Schwörer for the
remuneration in a repective matter as joint debtors. Legal separate
or files are separately remunerated. Reclamations
against an invoice are precluded after two weeks from receipt of the
if the client is an entrepreneur. Reclamations have to be brought
weeks from receipt of the invoice in written form, otherwise the client
the burden of proof, that the invoice is incorrect. If the invoice is
within two weeks after date of issuance, the amount of the invoice may
IV As long as and as far as Dr. Schwörer has not received an
money, Dr. Schwörer is entitled but not obliged to start
performing a service.
V The remuneration is due with recipience of the invoice and payable
within 14 days as from the date of invoice.
VI Car travel costs are charged with 0,50 €/ km. The client is
informed that even in the case of a judicial recovery only 0,30
reimbursable by the defeated party. If Dr. Schwörer keeps further
appointments on a
business trip, the client may not shorten the remuneration of the
VII Dr. Schwörer may charge a proper advance money and may
monthly. If the client mandates Dr. Schwörer only in regards
part value of a coherent mandate (advise or transaction), Dr.
Schwörer can charge his fee in regards to the whole value.
VIII If and to the extent Dr.
Schwörer facilitates goods or rights, which are sold by
a third party, a
fee of 1% of the market value is hereby stipulated. This 1% is the half
of the fee according to § 99 HGB
(HGB: German Commercial law book). For paymaster-services a
fee of 2% of received funds and for
escrow service a fee of 4% of total transaction volume is stipulated, details are regulated seperately. For the facilitation of
high yield return programs a success based fee of 5% is stipulated. For the services of § 4 VIII
approximate travel expenses plus 500 € a day for out of office
to be paid in advance success independent.
In this case, the liability amount
guaranteed according to § 5 of this agreement of 1.000.000
€ is substituted by
the amount of 1.000 €, unless Dr. Schwörer is not
paid for legal advice in
advance independent of a success as attorney-at-law in such a case.
IX All fees are plus value added tax.