A courtroom scene merging into a map, representing the decision of hiring a local or out-of-town attorney and the associated financial considerations.

Decoding Legal Jargon: A Simple Guide to Attorney Fee Recovery

Elliot Brynn in Law & Justice August 2025 • 4 min read.

"Navigating the complexities of legal fees and travel costs: What you need to know about recovering expenses from your lawyer."

Legal proceedings can be complex and costly, with attorney fees often representing a significant financial burden. Understanding the rules governing the recovery of these fees is crucial for anyone involved in litigation. This article simplifies key aspects of German law concerning the reimbursement of attorney fees and related expenses, based on a ruling by the OLG Karlsruhe.

Imagine you're involved in a legal dispute and hire an attorney who isn't based in the city where the court is located. Can you recover their travel expenses in addition to their standard fees? The answer isn't always straightforward, as legal precedents and statutes set specific boundaries on what expenses can be reimbursed.

We'll explore the conditions under which you can recover attorney travel costs, particularly when you've hired a lawyer from outside the court's jurisdiction. This exploration helps you understand your rights and responsibilities regarding legal costs. We aim to clarify these rules, providing practical insights into navigating attorney fee recovery.

When Can You Recover Travel Costs for an Out-of-Town Attorney?

A courtroom scene merging into a map, representing the decision of hiring a local or out-of-town attorney and the associated financial considerations.

Generally, if you choose to hire an attorney who isn't local to the court, recovering their travel expenses isn't a given. According to German law, specifically FamFG § 113 and ZPO § 91, there are limitations on reimbursing travel costs for attorneys who aren't based within the court's district.

The key factor is whether hiring an out-of-town attorney was necessary. If a qualified attorney within the court's district could have handled your case, you might not be able to recover the full travel expenses of your chosen attorney. The OLG Karlsruhe ruling emphasizes this point, aligning with a broader trend in German case law.

Standard Rule: Travel costs for attorneys outside the court's district are typically not recoverable.
Necessity Exception: If hiring an out-of-town attorney was essential, recovery might be possible. This is rare.
Fictive Costs: Reimbursement is not based on the highest possible costs of a local lawyer, but on actual justified cost.

The ruling highlights a debate in legal circles. Some courts, like the OLG Köln, have argued that denying travel costs could create an unfair situation, especially if the out-of-town attorney is closer than some attorneys within the court's district. However, the OLG Karlsruhe and other courts disagree, emphasizing that the law intends to treat all attorneys within the district equally, regardless of their distance from the court.

The Bottom Line: Navigating Attorney Fee Recovery

The OLG Karlsruhe decision provides a clear, though potentially restrictive, framework for recovering attorney travel expenses. While hiring an attorney from outside the court's district is your right, be aware that recovering their travel costs may be challenging unless you can demonstrate a clear necessity. Always discuss potential cost implications with your attorney upfront to avoid surprises.

About this Article -

This article was crafted using a human-AI hybrid and collaborative approach. AI assisted our team with initial drafting, research insights, identifying key questions, and image generation. Our human editors guided topic selection, defined the angle, structured the content, ensured factual accuracy and relevance, refined the tone, and conducted thorough editing to deliver helpful, high-quality information.See our About page for more information.

Everything You Need To Know

When might I be able to recover attorney travel costs under German law if I hire a lawyer from outside the court's district?

Under German law, specifically FamFG § 113 and ZPO § 91, recovering travel costs for an attorney from outside the court's district is generally not guaranteed. The key exception is if hiring that specific out-of-town attorney was demonstrably necessary for your case. However, this is a high bar to clear. Simply preferring an attorney isn't enough; you must show that a qualified attorney within the court's district couldn't have adequately handled your legal matter.

What does the OLG Karlsruhe ruling say about recovering travel expenses for out-of-town attorneys, and how does it align with other courts' views?

The OLG Karlsruhe ruling adopts a restrictive stance, emphasizing that travel costs for attorneys outside the court's district are typically not recoverable unless there's a clear necessity for hiring that specific attorney. While some courts, like the OLG Köln, have expressed concerns about potentially unfair situations arising from denying travel costs (especially if the out-of-town attorney is closer than some local ones), the OLG Karlsruhe, along with other courts, prioritizes treating all attorneys within the court's district equally, regardless of their proximity to the court. This creates a divergence in legal interpretation.

What are 'fictive costs' in the context of attorney fee recovery, and how are they relevant to travel expense reimbursement?

'Fictive costs' refer to the hypothetical expenses of hiring a local attorney, used as a benchmark for reimbursement. According to the concepts outlined in the article, reimbursement isn't based on the highest possible costs of a local lawyer. Instead, it is based on actual, justified costs. This means that even if you successfully argue the necessity of an out-of-town attorney, the reimbursement amount might be capped based on what a local attorney would have reasonably charged for similar services, even if the out-of-town attorney is more expensive.

If I decide to hire an attorney from outside the court's district, what steps should I take to manage the potential financial implications related to their travel costs?

Given the challenges in recovering travel costs for out-of-town attorneys, open communication is crucial. Discuss the potential cost implications with your chosen attorney upfront. Understand their fee structure and specifically address how travel expenses will be handled. Furthermore, proactively assess whether a qualified local attorney could adequately represent you, as this directly impacts your ability to recover travel costs under FamFG § 113 and ZPO § 91, as interpreted by the OLG Karlsruhe. Document everything to avoid surprises later.

How do FamFG § 113 and ZPO § 91 impact the reimbursement of attorney fees and travel costs in legal proceedings?

FamFG § 113 and ZPO § 91 are critical components of German law that govern the reimbursement of attorney fees and travel costs. These laws generally limit the recovery of travel expenses for attorneys who are not based within the court's district. The interpretation of these sections, as demonstrated by the OLG Karlsruhe ruling, emphasizes that unless hiring an out-of-town attorney was essential, their travel costs are typically not recoverable. This framework aims to balance a client's freedom to choose their legal representation with the principle of equitable cost allocation in legal disputes.