| An attorney suffers a reduction in the hearing fee if he withdraws a portion of a pending lawsuit before the court date. Because then there is no identity of legal and judicial activity according to § 32 Para. 1 RVG (OLG Celle 23.2.23, 24 W 2/23, retrieval no. 234625). |
If the action is partially withdrawn before the oral hearing, the lawyer will receive an appointment fee according to No. 3104 RVG VV in any case not according to the original subject of the action, but according to the remaining subject matter. This applies if the withdrawal became effective before the matter was called and the court already knew this at the hearing – as here -. In the present case, the plaintiff not only “announced” the partial redemption, but expressly declared it. According to the appraisal note at the LG, the pleading was received by the court around 50 minutes before the start of the hearing. In such cases, the withdrawal of the action is 269 Para. 1 ZPO effective before the start of the court hearing. Since there is no verbal negotiation until then, the other side does not have to agree.
In order to use the value that is decisive for the court fees as a basis for the lawyer’s appointment fee, it is not possible with § 32 Para. 1 RVG can be argued. Because the object of the legal activity has a lower value at the time of the oral hearing. The identity of legal and judicial activity is missing, which § 32 Paragraph 1 RVG requires.
(shared by Christian Noe BA, Göttingen)
Further information
- Withdrawal of action: Substantive legal claims are no other reason, RVG prof. 22, 205