Statutory legal fees are governed by the Act on the Remuneration of Lawyers (Rechtsanwaltsvergütungsgesetz, RVG). Its schedule of fees specifies the activities for which fees may be charged. It distinguishes between fees based on the value of the matter and fees within a prescribed range. These rules apply in principle to all lawyers, including criminal defense lawyers. Most statutory fees for privately instructed criminal defense counsel fall within a prescribed range; the lawyer determines the fee within that range by reference to the circumstances of the individual case.
For criminal defense lawyers’ fees, however, there are some specifics. In the case of a client being in custody, there are surcharges to the fees defined by law. The legislator takes into consideration the fact that there is an increased amount of time the defense lawyer needs merely to visit his client for discussions in prison.
It is common practice for criminal defense lawyers to request an advance payment to which every lawyer is entitled as defined by § 9 RVG. By doing so, it can be ensured that the mandate is continued in the accused’s interest if, for example, the client’s accounts are frozen or he is arrested without advance warning.
Fee agreements in criminal cases
Lawyers are also allowed to conclude fee agreements for their work or – under certain conditions – a success fee. In civil proceedings in particular, the fees agreed upon may usually not lie below the statutory fees defined for the lawsuit. Lawyers should not be forced into competition by means of dumping prices; this would be unworthy of their functions as organs of judicature.
In more complex and extensive criminal proceedings, individual fee agreements, usually based on hourly rates, are common. The statutory requirements governing such agreements continue to apply.
There are several reasons for this. In business criminal and tax criminal proceedings, the course is often set during the investigation stage. The principal objective of the defense in such cases is often to prevent an indictment and, with it, a public trial. To this end, thousands of pages from files need to be assessed and extensive written submissions on complicated facts of the case and difficult points of law need to be drawn up. Such a case can occupy a defense lawyer for days even if it never reaches a public trial. Under the RVG, the procedural fee for the investigation stage may be supplemented by the basic fee for initial familiarisation with the case and, depending on how the proceedings develop, further fees. Statutory fee ranges do not always adequately reflect the substantial time required in particularly extensive cases. An individual fee agreement is therefore often made for such work.
The same applies more than ever in those cases where under certain circumstances they do not even result in the institution of criminal preliminary proceedings in the first place, such as when drawing up a voluntary report on tax evasion. In practice, a fee agreement reflecting the lawyer’s actual work and responsibility is often made for such matters.
Criminal defense fees
The amount of the agreed fee is mainly calculated from the defense lawyer’s expenditure of time as well as from the significance of the lawsuit for the client. In the end, the amount can be negotiated from case to case. Fees differ considerably between firms.
The German Federal Bar’s STAR 2025 survey, which covers the 2024 financial year, provides current guidance. The nationwide average of the standard hourly rates reported was €244. The survey covers different practice areas and types of firm; specialization, firm structure and location are among the factors affecting hourly rates. The work required and the individual fee agreement remain decisive for the cost of a particular criminal defense.
Criminal defense lawyers in Nuremberg
For specialist criminal defense work at our firm, clients should expect fees of several hundred euros per hour, depending on the lawyer’s experience and the complexity and responsibility involved. Fees are agreed individually. In addition to the hourly rate, the expected amount of work is particularly important in determining the total cost. We clarify the specific hourly rate, any applicable VAT and expenses before accepting instructions.
The scale of the proceedings, their significance for the client and the client’s financial circumstances form part of the discussion about fees. A particular interest in a fundamental constitutional question may also be a factor in the individual agreement. Depending on the work involved, a flat fee may also be appropriate. The services it covers and any additional costs depend on the specific agreement and the applicable law.
Legal expenses insurance in criminal cases
A good criminal defense can be time-consuming and therefore costly, particularly where serious allegations or significant additional consequences are involved. Legal expenses insurance may cover costs within the agreed scope. Whether the particular proceedings and an agreed hourly fee are covered depends on the insurance policy; it is particularly important to check whether it includes specialist criminal law cover and which fees this covers. Our article on legal expenses insurance in criminal cases explains what to consider when choosing insurance (in German).