Lawyer Costs for Online Hate in Germany: Who Pays?

Many people affected by online hate never get legal advice because they fear the costs. That worry is understandable, but often bigger than it needs to be. For lawyer costs in cases of online hate, German law sets fee caps, offers state support, and in some cases the other side ends up paying. This article gives a general overview. Only the law firm can tell you exactly what your case will cost. Always ask beforehand.

What does a first consultation with a lawyer cost?

For advice, the law firm is supposed to agree a fee with you. If there is no agreement and you are a consumer, § 34(1) of the Lawyers' Remuneration Act (Rechtsanwaltsvergütungsgesetz, RVG) sets caps:

• First consultation: at most 190 euros.
• Further advice or a written opinion: at most 250 euros each.

VAT is usually added on top. With an agreement, the firm can set a different amount. If the firm then goes on to act for you in the same matter, the advice fee is generally credited against the later fees (§ 34(2) RVG), unless agreed otherwise.

Tip: prepare for the meeting. Bring your evidence in order, with links, dates and a short log. That saves time. How to do this is explained in How to Secure Evidence of Online Hate.

What does it cost if the firm keeps working on your case?

For a formal warning letter (Abmahnung), a lawsuit or support in criminal proceedings, fees follow the RVG, in civil law usually based on the value of the claim (Gegenstandswert). Alternatively, the firm can agree a fee with you, for example by the hour. Ask beforehand which model applies and roughly what costs to expect.

What is advice assistance, and who gets it?

Advice assistance (Beratungshilfe) is state support for legal advice and, where necessary, representation outside court proceedings. You get it on application if (§ 1 of the Advice Assistance Act, Beratungshilfegesetz, BerHG)

• you cannot afford the costs given your personal and financial circumstances,
• no other reasonable help is available to you, and
• the application is not frivolous.

How it works:

• Apply at the local court (Amtsgericht). If it grants the assistance, you receive a voucher (Berechtigungsschein) and can take it to a law firm of your choice (§ 6(1) BerHG).
• Apply afterwards. You can also go straight to a law firm. You must then apply no later than four weeks after the advice begins (§ 6(2) BerHG).
• Personal contribution. The firm can charge you a fee of 15 euros. It can also waive it.
• Limit in criminal law. In criminal matters, you only get advice, not representation (§ 2(2) BerHG).
• Hamburg, Bremen, Berlin. In Hamburg and Bremen, public legal advice services (öffentliche Rechtsberatung) replace advice assistance. In Berlin, you can choose between the two (§ 12 BerHG).

When is legal aid available?

If it comes to court proceedings, the court can grant legal aid (Prozesskostenhilfe). The conditions are that you cannot bear the costs, or only partly or in instalments, and that the case has sufficient prospects of success and is not frivolous (§ 114 of the Code of Civil Procedure, Zivilprozessordnung, ZPO). Depending on your income, you repay it later in instalments.

Important: legal aid does not cover the other side's costs. If you lose, you must still reimburse them (§ 123 ZPO).

Will legal expenses insurance pay?

That depends on your policy. Policies differ a lot in which areas they cover and what they exclude. Check your documents or ask your insurer. If you are young, also check whether you might be covered by your parents' family policy. Get confirmation of cover (Deckungszusage) before the firm starts real work. Many firms will make the request to the insurer for you.

Does the other side have to pay the lawyer costs?

Sometimes, yes:

• Civil proceedings. As a rule, the losing side bears the costs of the case, including the other side's necessary lawyer fees (§ 91 ZPO).
• Justified formal warning. If the formal warning was justified, the lawyer fees can often be claimed as damages from the person who violated your rights. More on injunctions and monetary compensation in Compensation for Online Insults: Injunctions and Damages.
• Joining a criminal case as a co-plaintiff (Nebenklage). If the accused is convicted, they generally have to bear your necessary expenses as co-plaintiff, including your lawyer fees (§ 472(1) of the Code of Criminal Procedure, Strafprozessordnung, StPO). The court can waive this in whole or in part if it would be unfair.

Two catches remain: whether the other side can actually pay is another question. And at the labour court, each side pays its own lawyer in the first instance (§ 12a of the Labour Court Act, Arbeitsgerichtsgesetz). More in Online Hate at Work: What Employees Can Do in Germany.

Co-plaintiff: can I get a lawyer at the state's expense?

As a co-plaintiff, you take an active part in the criminal proceedings as the injured person. This is only possible for certain offences (§ 395 StPO). They include, for example, stalking (§ 238 of the Criminal Code, Strafgesetzbuch, StGB), sexual harassment (§ 184i StGB) and offences under the Art Copyright Act (Kunsturhebergesetz), such as distributing images without consent. For insult, defamation and malicious defamation (§§ 185 to 189 StGB), joining as co-plaintiff is only possible if there are special reasons, such as serious consequences of the offence.

For certain serious offences, especially sexual offences, and in some cases involving minors, the court will appoint a lawyer for you on application, without you having to pay (§ 397a(1) StPO). In other cases, you can apply for legal aid for legal representation (§ 397a(2) StPO). This is possible as early as the investigation stage (§ 406h StPO).

Regardless of this: filing a criminal complaint (Strafanzeige) and a request for prosecution (Strafantrag) is free. A cost risk arises mainly if you later withdraw a request for prosecution. More in Withdrawing a Request for Prosecution: Costs, Effects.

What other support is there?

• HateAid advises people affected by digital violence free of charge and funds litigation in certain cases.
• juuuport.de offers young people peer advice when they have problems online (in German).
• Parents can call the Elterntelefon on 0800 111 0 550 (Monday, Wednesday and Friday 9 am to 5 pm, Tuesday and Thursday 9 am to 7 pm, in German).

Frequently asked questions

What does a first meeting with a law firm cost?

Without a fee agreement, at most 190 euros for consumers, usually plus VAT (§ 34 RVG). With an agreement, the amount can differ. Ask beforehand.

Does filing a criminal complaint with the police cost anything?

No. A criminal complaint and a request for prosecution are free, including through the online police station (Onlinewache).

Do I have to pay if I lose?

In civil proceedings, the losing side generally bears the costs, including those of the other side. Legal aid does not protect you from this. Clarify the risk with the law firm beforehand.

Can I get advice assistance for a criminal complaint?

In criminal law, advice assistance only covers advice, not representation (§ 2(2) BerHG).

Report your case

If you want to know which steps are possible in your case, you can report it through our form. Reporting is free for you. If you say yes, your report goes automatically to a suitable cooperating law firm (Kooperationskanzlei) as soon as one is available. The legal assessment comes from the law firm, not from us. If there is no suitable firm right now, you get an email with other places to turn to straight away. Deadlines keep running: you can always file a request for prosecution (Strafantrag) with the police yourself.