One of the options to obtain information about the organization of attorneys in Austria is to visit a website called “Die österreichischen Rechtsanwälte” (Austrian Attorneys) published by the Convention of the Austrian Bar Association (ÖRAK).
On this website you will not only find general information about Austrian lawyers and the overall standing of attorneys in Austria as well as the work they perform, but also an excellent directory of attorneys.
Every Austrian attorney who is registered with a bar association in Austria is listed in this particular directory of attorneys. His or her registration can be checked by entering a search query. To find an Austrian attorney in this directory of attorneys, either enter the lawyer’s name, location or the legal field of his/her practice.
Another option is to visit the European Justice Portal under https://e-justice.europa.eu and click on menu item “Find a Lawyer …” / Find a Legal Professional” or to simply click here. This will give you the tools to find attorneys all over Europe and of course an attorney in Austria.
Given that the academic studies and practical training of attorneys are highly complex, difficult and take a very long time in Austria, the level of legal advice you will receive from an Austrian attorney will generally be highly professional. As a rule, including academic studies, it usually takes around 10 years for an aspiring lawyer to qualify for registration in the list of Austrian attorneys.
As part of their professional training, Austrian attorneys must meet comprehensive educational and bar admission mandates. The most basic requirement an attorney in Austria must meet is the successful completion of a study course of Austrian law as well as 5 years of professional training at an Austrian law firm. Of this practical part of his/her professional training, the candidate must work at the law practice of an Austrian attorney as a trainee for a minimum of 3 years. During this time period, the candidate must also attend training events.
Click here to download a pamphlet containing information on the topic of law affiliated with the procurement of legal advice from an Austrian attorney.
Principally, the initial consultation with an Austrian attorney is only complimentary if an express agreement to that effect has been made or if the lawyer has offered a free initial consultation to the client. An Austrian attorney is already rendering services in conjunction with the initial consultation, which is billable according to the fee scale. This also applies if the consultation is provided exclusively over the phone.
Services rendered by an Austrian attorney may be billed on the basis of lump sum remuneration, time-based compensation or the attorneys’ fee scale. It is also permissible to agree upon an additional fee for the attainment of a specific outcome.
In Austria, lawyers are permitted to set their fees at their discretion based on compensation agreements. A compensation agreement is the contract between the attorney and the client that governs the fees to be charged for the attorney’s services. The attorney has the right to define the content at his/her discretion. In the internal relationship between client and attorney; in this case even the professional code of conduct and ethics does not impose any barriers, since even “disciplinary” remuneration bills are binding under civil law as long as they do not breach the boundaries of civil law (usury, violation of moral principles or appropriateness). Albeit an express agreement on the billing of fees is not required, since a reasonable compensation amount is owed in any event (RATG, AHK), it is definitely advisable to enter into a written compensation agreement. To prevent future problems, it is best to define a fixed assessment basis in writing, and, in any event, to provide specifics if the agreed upon basis deviates from the rates in the fee scale, even if the arrangement between lawyer and client is based on the fee scale.
If separate agreements have not been made, the Austrian lawyer will bill based on the “fee scale” (this includes billing on the basis of the Austrian Attorneys’ Fees Act). All Austrian lawyers are subject to the application of the same statutory fee scale provisions. The primary applicable laws are the Austrian Attorneys’ Fees Act (Rechtsanwaltstarifgesetz = RATG), the Austrian Notaries’ Fees Act (Notariatstarifgesetz = NTG) and the Autonomous Remuneration Criteria (Autonome Honorarkriterien = AHK).
The so-called AHK (Autonome Honorarkriterien) were passed as a resolution by the ÖRAK. This resolution states that pursuant to §§ 1004, 1052 ABGB, clients owe an attorney reasonable compensation for services rendered.
Principally, there are four options that can be used for billing purposes: Billing based on a uniform standard rate, based on the specific services rendered, based on an hourly fee or a lump sum compensation agreement. The assessment basis (litigation value) is of significant importance if the attorney’s compensation is based on a uniform standard rate or the specific services rendered. It is the determining factor for the value of the individual services provided.
To compute the rates for Austrian attorneys according to the RATG online, click here.
Below you will find billing examples for an Austrian lawyer or court costs for a litigation value of EUR 155,000. For this model, we used 4 different cases with regard to the duration of the trial. In the model, the listed Austrian attorney’s fee hinges on the time spent in court – 1, 2, 3 or 4 hours. If the Austrian attorney were to spend 1 hour in court in the case on hand and if he/she had rendered the listed services, such as filed a complaint, etc., he/she would entitled to a total compensation payment of EUR 10,416.36.
Litigation value: EUR 155,000.00
Date | Service rendered | Rate Cost |
| Cash Expenses |
|
18.03. | Assessment basis (RATG/GGG): 155,000.00 | ||||
18.03. | Civil complaint / Lawsuit | TP 3A | 844.50 | ||
50% uniform rate | 422.25 | ||||
ERV upcharge | 3.60 | ||||
Court fee | 4,170.00 | ||||
05.06. | Pleading incl. submission of documents | TP 3A | 844.50 | ||
50% uniform rate | 422.25 | ||||
ERV upcharge | 1.80 | ||||
12.06. | Trial (1st court hearing) | TP 3A | 844.50 | ||
50% uniform rate | 422.25 | ||||
Sub-total | 3,805.65 | 4,170.00 |
Trial (2nd court hearing)
Duration of the trial: | 1 h | 2 h | 3 h | 4 h | ||||||||
Trial TP3A | 933.10 | 1,399.60 | 1,866.10 | 2,332.70 | ||||||||
50% uniform rate | 466.55 | 699.80 | 933.05 | 1,166.35 | ||||||||
TOTAL: | ||||||||||||
Remuneration: | EUR | 5,205.30 | EUR | 5,905.05 | EUR | 6,604.80 | EUR | 7,304.70 | ||||
Cash expenses | ||||||||||||
20% VAT | EUR | 1,041.06 | EUR | 1,181.01 | EUR | 1,320.96 | EUR | 1,460.94 | ||||
Cash expenses (VAT exempt): | EUR | 4,170.00 | EUR | 4,170.00 | EUR | 4,170.00 | EUR | 4,170.00 | ||||
Grand total: | EUR | 10,416.36 | EUR | 11,256.06 | EUR | 12,095.76 | EUR | 12,935.64 |
Based on Austrian Supreme Court case law, Austrian attorneys merely have a very general disclosure obligation vis-à-vis their clients when it comes to the financial impact the client is not familiar with, in particular also those arising from the Austrian Cost of Proceedings Legislation (7 Ob 250/05y) or when it comes to the attorney’s compensation as such (2 Ob 145/05w).
In civil proceedings and in collection proceedings, the non-prevailing party must reimburse to the prevailing party the costs based on the rate scale to the extent that the latter party prevailed.
In proceedings before the Constitutional Tribunal and the Higher Administrative Court and in some proceedings before the State Administrative Courts, the prevailing Plaintiff receives a defined cost reimbursement from the agency.
It is possible to request lump sum cost reimbursement in criminal proceedings if the defendant is acquitted.
Austrian attorneys are not only renowned for their special expertise; they are also autonomous. Moreover, Austrian attorneys are required to maintain strict attorney-client confidentiality and to exclusively represent the interests of their clients.
The absolutely autonomous status of Austrian attorneys means that Austrian attorneys, because of their free and independent professional status, are also in a position to represent their interests vis-à-vis the government and important institutions.
The attorney-client privilege upheld by Austrian attorneys means that your Austrian lawyer is under the mandate to maintain absolute confidentiality vis-à-vis third parties (Austrian attorneys).
Principally, the listed registers will make it easy for you to find and contact a qualified attorney to assist you with your specific scenario whenever the need arises. As a rule, a brief initial advisory session with an Austrian attorney will be available free of charge, although Austrian attorneys have the right to always bill for all services rendered even in the absence of a power of attorney based on the Austrian Attorneys’ Fees Act.
For all other situations, the Austrian Bar Associations have created a service called the “Initial Legal Advice Session.” This constitutes a first, complimentary orientation meeting with an Austrian attorney, which will provide you with initial assistance with regard to your legal situation and the next steps to take.
While performing his/her professional duties, an Austrian attorney is subject to the liability compensation obligations of experts. The first prerequisite for an Austrian attorney to become liable for damages is that he/she engages in illegal conduct vis-à-vis the victim. Austrian attorneys can only be held liable for damages caused by the attorney’s illegal conduct. Hence, it must be determined whether the damages arose merely because of this specific conduct or if they would have been incurred either way.
The Austrian attorney’s culpability for this illegal conduct is another prerequisite for the attorney’s liability. Principally, negligent acts leading to the imposition of damages will suffice as grounds for liability. Negligence has materialized if the Austrian attorney has ignored the due diligence owed under a contract or as a matter of law.
Obviously, these principles apply only if the client has provided the attorney with correct information. If, on the other hand, the client knowingly provides false information to the attorney, the attorney is not under a damage compensation obligation. Hence, the attorney is not under any mandate to doubt the information provided by the client unless there are significant indications that the information is false.
In Austria, all of the work performed by attorneys is typically subject to very concise regulations. Special legal fields are further safeguarded by their own registers and insurance scenarios (Austrian attorneys).
Real estate transactions and the affiliated escrow agency scenarios, for instance related to the purchase price, make up one of these special fields. If an Austrian attorney-at-law assumes responsibility for related assignments, he or she must report the details of the escrow assignment in compliance with certain provisions concerning e.g. the purchase price to the competent bar association and the respective bar association will monitor the assignment accordingly. Austrian bar associations have controlling functions in place to supervise escrow agency assignments assumed by attorneys.
The provision of escrow services is principally a service rendered by Austrian attorneys that plays a central role in the handling of legal transactions, in particular real estate purchase agreements. As exclaimed, the aim of such arrangements is to secure contractually agreed upon payments due to the other contracting party, for instance the purchase price for a real property until the transaction has been registered in the register of deeds. The Austrian Attorneys Act (Rechtsanwaltsordnung; § 10a RAO) mandates that every Austrian attorney who has assumed the role of escrow agent must do so self-accountably. Principally, if the escrow amount exceeds € 40,000.- must do this through an escrow arrangement to be managed by the bar association.
A system called the “Verteidigernotruf” (Emergency Defence Hotline) is a criminal law support option provided by Austria’s bar associations. This phone hotline staffed by on call defence attorneys around the clock is available to defendants in criminal cases who have been arrested. The toll-free number can be reached from anywhere in Austria 24/7 at phone number 0800376386.
To make certain that defendants in criminal proceedings receive optimum advice from the start, this on call emergency service provided by Austrian attorneys has been set up in partnership with the Austrian Federal Justice Department. This Austrian on call legal service provided by Austrian lawyers (“Emergency Defence Hotline”) enables arrested defendants to contact a defence attorney during their initial interrogation and upon being booked into jail until a decision on pre-trial incarceration has been made.
The listed emergency hotline of the on call attorneys, which is 0800376386, is staffed daily from 0.00 am through midnight and allows defendants to promptly reach a defence attorney, an Austrian criminal defence attorney.
The first call and an initial phone consultation are free of charge in these cases. All other services are principally subject to fees.
Below you will find important links to information about the work of Austrian attorneys, Austrian law and courts in Austria: