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Ask Claudia Schiessl Your Own Question
Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 16835
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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Do you know about Austrian law?

Customer Question

Do you know about Austrian law?
Submitted: 3 years ago.
Category: German Law
Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,

Thank you so much for your question.

What would you like to know ?
Customer: replied 3 years ago.

I was told by my Austrian solicitor that it would take about €1300 to take this lady to court. I invested €130000 on a new house when she ran out of money as she had taken on an expensive and corrupt builder. I have bills, evidence of Bank Transfers to her account and some evidence of bills from builders. So far, this Austrian solicitor has only sent emails, had a couple of meetings and tried to get some of my missing possessions back from her house and is charging me at €154 per email, €480 per meeting (both were completed within an hour) and also charging for phone calls at €480 per call (less than half an hour). His first bill was over €5000 including 20%tax! I am really not happy with this man - he hasn't done what I asked which was to bring this lady before the court for €1300. What can I do and should I have to pay him for such work?

Expert:  Claudia Schiessl replied 3 years ago.
Did you sign something about lawyers' fees?
Customer: replied 3 years ago.

Is that enough information to work with?

Expert:  Claudia Schiessl replied 3 years ago.
No , because lawyer' s fees in Austria are either according to tax or according to an agreement with the client.

You are entitled to get exact bills

Have you gotten exact bills?

If so what is the content?
Customer: replied 3 years ago.

Yes I have but the first one was for €5.133,36! He was not giving me any running costs beforehand. I am sure he was talking around €220 per four for a meeting - not €480. I told him from the outset that I can not just spend money like water and when he told me taking the lady to appear at court would cost €1300 I thought that was OK but then he handed me the first bill! I would have considered stopping much earlier if I knew what it was really going to cost. He has had this case since last August and all he has done is to concentrate on getting my last missing possessions back and not on taking her to court! This lady is now going on a Psychiatric Rehabilitation Course for 12 weeks and so nothing can be done! meanwhile I have lost €130000 and the ability to get on with my life properly.

Customer: replied 3 years ago.

Attachment: 2014-02-08_091036_leistungsverzeichnis_per_31_01_2014_1.pdf

Here is a copy of my bill which is the first detailed one and maybe last one from him. I had to pay him €300 for the first meeting to get things under way!

Customer: replied 3 years ago.

Yes I am sure I did at the beginning in August but I will have a look.

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,

the bill is according to taxposts.

In Austrian Law everything a lawyer does has a certain taxpost.

A taxpost depends on how much money is involved.

130,000 Euro is a lot of money , so the taxpost is quite high.

I am afraid that the bill is correct

Customer: replied 3 years ago.

Yes I understand what you are saying. This solicitor didn't keep me inform me of costs until this bill. I had to ask for costs. Surely the email costs and hourly costs are not correct! He has not informed me of the implications of tax posts at all!

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,

if you think the bill is not correct you could turn to the bar association.


The costs are according to the law I am afraid.

Everything the lawyer does has a certain taxpost , which is in the Rechtsanwaltstarifgesetz



I hope I was able to help


If so I would very much appreciate getting a positive rating

thank you
Claudia Schiessl and other German Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your help. This solicitor never told me about different Tax Posts or higher costs on emails or letters etc., He has not been honest with me and I have no copy of the original signing from the first meeting - only a letter stating I have paid him €300 for the meting and to get the process going! I also took him on in the first place as he was supposed to be able to speak good English - he hasn't communicated at all in English!

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,

I am so sorry this has happened to you

He has clearly not been honest about his qualifications