Fees and POA
In general, Dr. Heinke charges an hourly fee according to your case, billed to nearest 5 minutes, plus necessary expenses and 20 % VAT. This fee applies for services from Monday to Friday from 8am to 8 pm (Vienna daytime). For services rendered from Monday to Friday from 8 pm to 8 am (Vienna nighttime) or during Vienna daytime on Saturday, Sunday or on an Austrian holiday the hourly fee is the double. Dr. Heinke charges four times the hourly fee for services rendered during Vienna nighttime on Saturday, Sunday or on an Austrian holiday. Dr. Heinke bills monthly. For mandates from outside of Austria a minimum deposit of EUR 900,- plus 20 % VAT is required.
The POA and the Fee Arrangement
The Power of Attorney (POA) is a general one according to the recommendation of the Austrian Bar. It also contains the Fee Arrangement. Nevertheless, this POA is always limited with the order given by the client. The fee claim of the lawyer has to follow the concrete Fee Arrangement.
Sample of the POA and Fee Arrangement for consumers
Sample of the PAO and Fee Arrangement for entrepreneurs
The Austrian Lawyer’s Fee Act [Rechtsanwaltstarifgesetz (RATG)]
The RATG applies always when there is no special Fee Arrangement between the client and the lawyer. It also applies for claims for cost refunds in a civil litigation.
The General Criteria for Fees [Allgemeinen Honorar-Kriterien (AHK)]
The AHK of the Austrian Bar protect clients since October 7th, 2005 in general about the appropriateness of lawyer’s fees.
Please see the AHK here (only available in German)
The Autonomous Fee Guidelines [Autonome Honorar Richtlinien (AHR)]
The AHR have been replaced by the AHK. The last version of the AHK of September 21st, 2001 (only available in German) could still be part of a fee arrangement.
General Terms and Conditions of Contract for Lawyers (GTC)
Please see the GTC for Consumers on one hand here and for Entrepreneurs on the other here.
Value added tax (VAT) [Umsatzsteuer (USt)]
All fees mentioned are net and object to the Austrian VAT of actually 20 %. For clients from outside of Austria special tax regulations might take place.
Court or administration fees and other expenses
In court or administration proceedings, state fees have to be paid. These fees are not includes in the lawyer’s fees and will be added as well as postage, costs for copies, travel and hotel expenses.
Legal expenses insurance
A legal expenses insurance usually covers your litigation risk. Please note that your legal expenses insurance contract might include a deductible. This insurance always has a maximum insured amount. High value claims often exceed very fast this insured amount. In that case, Dr. Heinke has to warn you: You might have to cover yourself costs, fees and expenses that exceed the maximum insured amount.
Professional litigation founding
Sometimes Dr. Heinke collaborates with professional litigation founders. Especially when it is about a very high value claim. Professional litigation founding is a very good alternative, in case you have no insurance to cover your litigation risk. A professional litigation founder usually covers your litigation risk on a contingency fee basis.
Legal aid (pro bono)
If you cannot afford to claim or a lawyer, you can apply for legal aid at the court. For further information, please see here (only available in German).
The consumers right of revocation regarding distance-selling deals
You have the right to revoke your order given via Internet, telephone, fax or as a doorstep sale within 14 days without any reason. The period of revocation starts the moment you have given your order. To revoke properly and validly, you have to write to
Dr. Eric HEINKE
T: +43 1 532 26 16
F: +43 1 532 26 16 16
a clear statement (via regular mail, fax or e-mail) mentioning the concrete order. You can use the following form, which is not obligatory. To revoke in time, submit your statement within the period of revocation (14 days). You can ask Dr. Heinke to start to work for you right away. Doing so, you waive your right of revocation within 14 days. As long as Dr. Heinke has informed you about your right of revocation, you also waive your right of revocation when sending him the POA or relevant documents and ask him to act for you right away.
Consequences of the revocation
Dr. Heinke has to pay back all your payments within 14 days after the receipt of your revocation. He pays back the same way you have transferred your payment, if nothing else was determined otherwise. There will be no charges for this pay back.
In case you revoke after you have asked Dr. Heinke to start to work right away, then you have to pay his fees pro rata.
If you like to revoke, please fill in and submit the following form:
Form for revocation
Dr. Eric HEINKE
I / We (*) hereby revoke my/our (*) order for the following services:
Full name of the consumer:
Address of the consumer:
Signature of the consumer (only for regular mail):
(*) Delete whatever entry does not apply.
End of the form