Statutory Legal Fees

J.G - Washington.  In Germany, legal fees consist of attorney fees for out of court actions and litigation and of court costs. A lawsuit may extend to three instances--trial court, court of appeals and supreme court. At each level, different attorney fees and court costs arise. According to German statutes, these fees for litigation depend on the amount in dispute, Streitwert. The statute for attorney fees, RVG, and the statute for court costs, GKG, define the various fees for attorneys and courts measured by the amount in dispute. In all cases, the amount in dispute needs to be defined. In lawsuits which concern the payment of a certain amount of money the amount in dispute can easily be determined. But in a claim for restitution and other cases not concerning the payment of specific sums it can be difficult. In such cases, the amount in dispute is determined by certain principles--such as the value of the object a defendant may have to return. Plaintiffs must advance court costs. Unlike the American Rule of Costs, German law generally requires the loser to reimburse the winner for court costs and attorney fees up to the statutory limit. There…