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 Business Terms of Dr. Andreas Schwörer
§ 1 Mandate Agreement
I These general mandate terms apply for all mandates mandated by the
client and amend all special agreements, notably for any engagement,
giving advice, providing information, procuring a business or
conducting of a case between Dr. Schwörer and a client. These
terms and all additional special agreements apply for all companies,
which may be represented by the signatory of these terms. These terms
and all additional special agreements apply also for files and mandates
started before these terms are signed. These Terms can be amended for
concrete cases. Any prior agreement is overruled and substituted
by any later agreement.
II These general mandate terms apply for all current and future
agreements, without any necessity for reference to them to be
III 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 the service contains in whole or partly economic advice or economic
psychological advice or if the service is of mediative nature or the
service is a trustee, escrow, facilitation or a brokerage service. This
applies particularly regarding the cross border freedom to provide
IV Any engegement is awarded independend of a cost absorption of a third party 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
from the provisions of this agreement. An individual agreement replaces
this agreement only completely, if this agreement is expressively and
II This agreement replaces all and every written or oral agreement,
which was concluded before this agreement entered into effect. This
agreement governs conclusive the mandate-client relationship of Dr.
Schwörer and a client, unless a written addendum is agreed or
unless a promise is given advantaging Dr. Schwörer.
III Business terms of a client do not apply, unless agreed otherwise in writing.
§ 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 written affirmation.
III Dr. Schwörer handles a mandate only from the perspective of
the European law and the international and supranational law which
applies in Europe.
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. inclusive the agreements between
Dr. Schwörer and the client) provided to him or her and will not
pass them on or reveal their content to third parties unless Dr.
Schwörer´s prior written approval has been obtained. The
Client may allow an expert bound by professional secrecy rules
(Attorney at law, tax expert or chartered accountant) who is advising
him or her in the same matter access to documents provided by Dr.
Schwörer, even without Dr. Schwörer´s prior approval,
if the client has placed such expert under an obligation to treat the
§ 4 Liability, Limitation of Liability
I The attorney at law 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 client
for indemnity by ordinary or slight negligence is hereby limited to
1.000.000 Euro in each matter and to 2.500.000 € in a year.
Any comment in regards to non-European law is non- committal and given
without any liability.
III The liability for gross negligence is not comprehended by the
previous provision. The parties wish to avoid ambiguities and
controversies concerning these vague legal terms:
Hereto and concerning to an individual contractual 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.
For non legal services (trustee escrow and facilitation) the liability
amount guaranteed of 1.000.000 € is substituted by the amount of
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 and
therefore higher indemnity insurance, as long as the client commits to
bear the 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 offers encrypted communication by email with PGP.
II Dr. Schwörer may collect, save and use disclosed private data
within the purpose of the mandate according to privacy laws. The client
has no right to record telephone communication (e.g.: calls, skype
calls, video calls, shared screen view, etc).
III The client confirms that he has printed, signed, scanned and
emailed back. The client confirms he has used inserted Picture File
Signature. This is also applicable for any further contracts and
any declaration of will. Dr. Schwörer can request any document to
be signed again in front of his eyes, notably documents which are the
first time send electronically via email.
IV The client will not
§ 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
amounts in favor of the client with due remuneration fee amounts, as
far this is permitted by law.
§ 7 Applicable law and venue
This agreement and terms shall be governed by and construed in
accordance with the laws of Germany. If the English legal meaning
differs from the German legal meaning of this agreement and its terms,
the German meaning shall prevail. All contractual relationships of the
parties shall be governed exclusively by german law without those
provisions of the german international private law referring to the law
of another state. The venue is Rastatt. Dr. Schwörer is entitled
to sue the client at his/her legal domicile.
§ 8 Severability clause
If any provision of this agreement is prohibited by law or judged by a
court to be unlawful, void or unenforceable, the provision shall, to
the extent required, be severed from this agreement and rendered
ineffective as far as possible without modifying the remaining
provisions of this agreement, and shall not in any way affect any other
circumstances of or the validity or enforcement of this agreement. Any
ineffective provision shall be substituted by such a 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
according to the law of the state where the client has his place of
business, if the effect is more favorable for Dr. Schwörer that a
substituted provision in German law. In such a case, the parties are
obliged to precipitate a compromise. Without achieving a compromise a
court shall determine an effective provision.
A Legal SERVICES – non trustee services
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
fees for attorney at law. In tax files the fee is due according to the
german tax advisor remuneration law, if thereafter the fee is higher
than according to the attorney at law remuneration law.
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 remuneration fee or according to the German federal law for
tax advisors fee is higher.
III If the service is exercised in regards to the law of another state
or on the territory of another state, the fee is double as high as for
cases in German law practised in Germany.
IV As long as and as far as Dr. Schwörer has not received an
advance money, Dr. Schwörer is entitled but not obliged to start
performing a service.
B TRUSTEE services - only on request
C General Fee Terms
I Several clients are liable to Dr. Schwörer for the remuneration
in a repective matter as joint debtors. Legal separate agreements or
files are separately remunerated. Reclamations against an invoice are
precluded after two weeks from receipt of the invoice, if the client is
an entrepreneur. Reclamations have to be brought within two weeks from
receipt of the invoice in written form, otherwise the client carries
the burden of proof, that the invoice is incorrect. If the invoice is
not paid within two weeks after date of issuance, the amount of the
invoice may be changed. If a fee is due according to different sections
of this agreement, then always the respective highest fee is
II The remuneration is due with recipience of the invoice and payable within 14 days as from the date of invoice.
III Dr. Schwörer may charge a proper advance money and may invoice
monthly. If the client mandates Dr. Schwörer only in regards to a
part value of a coherent mandate (advise or transaction), Dr.
Schwörer can charge his fee in regards to the whole value.
IV To the above fees the following fees are added and such fees are due
according to part 7 of the attorney at law remuneration law in Germany:
which are notably travel expenses, external bank fees (eventually
negative interest), VAT (Value added tax). Car travel costs are charged
with 0,50 €/ km. The client is hereby informed that even in the
case of a judicial recovery only 0,30 €/km is reimbursable by the
defeated party. If Dr. Schwörer keeps further appointments on a
business trip, the client may not shorten the remuneration of the
V The general mandate terms of Dr Andreas Schwörer are a supplement of this agreement.