Wednesday, November 26, 2008

Lunch is not part of a trial

A German Rechtsanwalt who had acted as a court appointed counsel in an appeal case had applied for his fees and expenses to be assesd at EUR 1,546.76. The cost draftsperson at the court assessed the total amount to be lower. In her opinion the additional fee under Nr. 4128 VV RVG did not apply because the Rechtsanwalt did not attend a trial lasting between 5 and 8 hours. The trial, lasting from 9.00h to 14.20h, had actually been interrupted for lunch from 12.07h to 14.00h. The Rechtsanwalt appealed to the Regional Court and won. A further appeal against that decision was decided by the Higher Regional Court in Munich, which upheld the original decision by the costs draftsperson. (via Beck Aktuell)

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