Attorneys Austria: Law Experts - Gamsjäger | Wiesflecker, Attorneys-at-Law Austria

 

The Attorney in Austria - Your Law Experts Attorneys-at-Law in Austria

The legal profession in Austria is organised based on self-governance. Each of the nine federal states has its own bar association. There is also, in order to protect the interests of lawyers in Austria and organise the tasks undertaken by lawyers, the Austrian Bar Association. A special set of regulations for Austrian lawyers is the Austrian Lawyers’ Code of Practice (RAO).

According to Article 8 of the Austrian Lawyers’ Code of Practice, a lawyer’s right of representation extends to all courts and authorities in the Republic of Austria, and covers the authority to professionally represent parties in all judicial and extrajudicial, public and private matters. Before all courts and authorities, the exclusive appeal to such authorisation replaces documentary evidence of the latter. The attorneys-at-law are therefore entitled to extensively professionally represent parties.

The services provided by the attorney-at-law in a legal system are of special significance for the practical design of the constitutional state. An attorney-at-law in Austria is therefore also subject to special professional regulations. With his or her legal advice and legal representation, the attorney-at-law grants the litigant a legal hearing and preserves his or her freedom. In the constitutional context, this is what makes the attorney-at-law the guarantor of the rule of law.

Law Experts Austrian Attorneys-at-Law represent you before all courts and authorities in the Republic of Austria. We are registered in the list of Austrian lawyers (www.rechtsanwaelte.at).

 

Your Attorneys-at-Law in Austria, fiduciary duty, independence and confidentiality guaranteed - Law Experts Attorneys-at-Law

Attorneys-at-Law in Austria undergo an extremely strict and elaborate course of training and are subject to extremely stringent rules in exercising their profession. A basic prerequisite is a successfully concluded degree course in Law, five-year practical and very intensive professional training and the completion of the extensive bar examination before the respective appeal court.

Attorneys-at-law are, moreover, distinguished due to their special significance for the constitutional state, not only through particular expertise, but through also being independent and obliged to absolute confidentiality. Attorneys-at-law may also exclusively act in the interests of their client. This freedom from collisions of interests guarantees that the attorney-at-law may not accept any mandates that are in conflict with your interests as a client.

Law Experts Austrian Attorneys-at-Law are especially obliged to adhere to these rules. Confidentiality and loyalty to our own client is our top priority. As your attorneys-at-law, we exclusively represent your interests, to your benefit.

 

Practical experience and specialisation, naturally with the team at your service - Your Austrian Attorneys-at-Law

Mag. Stefan Gamsjäger and Dr Hannes Wiesflecker are dynamic and advanced attorneys-at-law, offering you the necessary practical experience and extensive expertise, who will proactively support you with your legal matter.

Law Experts Attorney-at-Law Mag. Stefan Gamsjäger has passed the civil service examination in Usage Group A, has over 10 years’ experience as an administrative lawyer and Deputy Head of the Building Inspection Office in a large municipality, and offers you unique professional knowledge, in particular in the fields of construction law, municipal legislation and administrative law, spatial planning law and zoning matters.

Law Experts Attorney-at-Law Dr Hannes Wiesflecker, due to a number of years’ experience in renowned commercial law firms operating internationally, as well as his specialisation in the field of international contract law, as well as civil and procedural law, serves reputed companies and private individuals. Furthermore, Dr Wiesflecker is the counsel and contract lawyer for a statutory interest group.

Depending upon the field of specialisation, either Mag. Gamsjäger or Dr Wiesflecker is your direct contact and team leader. Law Experts Attorneys-at-Law moreover offer you a team of other experts and attorneys-at-law from various fields of specialisation. We assist you as a team throughout Austria.

We in particular advise and represent you in the following areas:

We guarantee you that your legal matter will be given maximum attention, be treated with the utmost precision, and be handled exclusively by highly qualified Law Experts. As your lawyers of choice, we will be there to assist you and provide 100% support.

 

We represent your interests throughout Austria - Internationally awarded Law Experts Austrian Attorneys-at-Law

The internationally distinguished Law Experts Attorneys-at-Law have locations/offices in Innsbruck (Principal Office), Telfs and Vienna, as well as a network of partner law firms throughout Austria and worldwide. Our law firm furthermore not only has the best contacts internationally, but also regionally.

You can find more information on client satisfaction, our professional memberships and distinctions received, as well as our team, below:

Professional publications, current judgments and our legal dictionary, as well as law experts on Twitter, can be found at the following points:

We will be glad to advise you comprehensively and expertly! We represent your interests throughout Austria. As your lawyers of choice, we are there to assist you and provide 100% support!

Contact us now and click here to send an e-mail to Law Experts, or call us at +43(512)586 586.

 

 

 
 
 



 

Find more information on Lawyers in Austria, Directory of Austrian Attorneys, Legal Advice in Austria, Attorney’s Fees of Austrian Attorneys as follows:

 

How to Find a Law Firm in Austria, Directory of Austrian Attorneys, Austrian Law Firms

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.

 

Obtaining Legal Advice in Austria from an Austrian Attorney, Lawyers 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.

 

Attorney’s Fees of Austrian Attorneys, Initial Consultation, Offsetting Options, Attorneys in Austria

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.

 

Entering into a Compensation Agreement with an Austrian Attorney, the Austrian Attorneys’ Fees Act (Rechtsanwaltstarifgesetz), Autonomous Remuneration Criteria (AHK)

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.

  • Uniform rate based billing: In this case, the statutory fee arising from the Austrian Attorneys’ Fees Act applies. A lump sum surcharge (uniform rate) of 50% or 60% (depending on the assessment basis) is added to the statutory fee scale provisions (fee scale items). Double (100% or 120%), triple or quadruple uniform fees may also apply depending on the category of service rendered. If this billing model is used, all ancillary costs (meetings, phone calls, correspondence with the client or the legal cost insurance underwriter, etc.) are included in the fee or the uniform rate is all-inclusive. This billing method is, among other scenarios, used when billing a court or an opposing party.
  • Billing on the basis of specific services rendered: This type of billing requires the specification of all individual services rendered (phone calls, e-mails, meetings, etc.) along with their costs according to the statutory rate scale set forth in the Austrian Attorneys’ Fees Act or the AHK.

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

 


Who Pays Which Costs When, Remuneration Disclosures, Disclosure Obligations of Austrian Attorneys, Austrian Lawyers

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.

 

The Professional Profile of Austrian Attorneys, Law Firms in Austria and Legal Advice

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).

 

Legal Information Provided by 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.

 

Liability of Professionals Providing Legal Advice, such as Austrian Law Firms, Legal Advice in Austria

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.

 

Handling of Real Estate Transactions by an Austrian Attorney, Escrow Agent Roles in Austria

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.

 

Emergency Defence Hotline of Austrian Attorneys-at-law, Austrian Lawyers

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.

 

More Information About the Work of Austrian Solicitors, Austrian Law, Austrian Courts and Helpful Information Platforms

Below you will find important links to information about the work of Austrian attorneys, Austrian law and courts in Austria:

 

 

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