After a police summons, a house search or a first charge, one of the earliest questions is rarely about the law. It is a plain one: what will this cost me? For anyone facing criminal proceedings in Austria for the first time — and especially for those who do not live here — the way lawyers‘ fees are calculated can seem opaque. It does not have to be.

As a criminal defense lawyer in Vienna, I set out on this page how legal fees work in Austria: the principle that fees are freely agreed, the three models I offer (a flat fee, an hourly rate and the statutory tariff), how costs are structured across the stages of a criminal case, who ultimately bears them — and when Austrian law requires you to be represented at all.

How lawyers‘ fees work in Austria

The starting point is freedom of contract. A lawyer is free to agree the fee for their work. Only where nothing at all has been agreed does the law step in: in that case an appropriate remuneration (angemessene Entlohnung) is owed. In practice the fee is never left to chance — it is settled at the outset.

What a defense costs depends on the effort the individual case requires. For criminal matters, the fee is measured by the type of offence (Deliktsart) and is agreed separately for each stage of the proceedings. In civil litigation, by contrast, billing is frequently based on a statutory tariff — more on that below.

The three fee models

I offer clients three ways of structuring the fee agreement. Which one fits depends on the type of matter and the stage it has reached. The table gives the overview; the notes below explain when each model makes sense.

The flat fee — predictability first

This is the model I usually offer. Its advantage for the client is a clear overview of the total cost from the outset; for me, it removes the need for separate time recording. The services covered can still be broken down if you want to see what they include. I tell you the concrete flat fee for your case at the end of the initial consultation, and you decide afterwards whether to instruct me.

The hourly rate — you pay for time spent

My hourly rate is €360 net (i.e. plus VAT), with started hours billed pro rata in quarter-hour steps. The appeal of this model is that you pay only for the time genuinely spent on your matter. Because hearings are always time-intensive, it is used less often for the criminal trial itself; for a well-defined task such as drafting a written remedy, however, billing by the hour can make good sense.

The statutory tariff — mainly for civil cases

In contested civil proceedings the fee can be calculated by tariff. Here the amount in dispute (Streitwert) is placed within a system of tariff items, and the fee depends on that amount, the type of proceedings and the number or duration of the lawyer’s services. There is a further point that matters in civil litigation: if you win the case, your lawyer’s costs are reimbursed by the opposing party.

Costs by procedural stage

A criminal case is not one undivided block. It runs through distinct stages, and the fee is agreed separately for each of them. That structure works in your favour: you are not committing to the cost of an entire case at a single moment, but stage by stage.

• Investigation proceedings (Ermittlungsverfahren) — the phase run by the public prosecutor and police. See how a criminal investigation in Austria works.
• Main proceedings (Hauptverfahren) — the trial before the court.
• Appeal proceedings (Berufungsverfahren) — challenging the judgment. See appeal in Austria (in German).

Because each stage is priced on its own, you always know what the next step costs before you take it.

Who bears the costs of the defense?

As a rule, the accused or defendant bears the cost of their own lawyer. Even a good outcome does not automatically shift that burden onto the state.

There is, however, one important lever. After an acquittal (Freispruch), you can apply under § 393a StPO for a contribution towards your defense costs. It is worth doing — but you should know that this contribution does not amount to the full fee you paid. You can read more about how an acquittal works in Austria (in German).

When must you have a lawyer? (Mandatory defense)

In some situations Austrian law does not leave the question open: you must be represented by a lawyer. The most important cases of mandatory defense are these:

1. Throughout the proceedings, while you are in pre-trial detention (Untersuchungshaft) — including where that detention is served in prison under § 173 para 4 StPO. See pre-trial detention in Austria.
2. Throughout proceedings concerning committal to a forensic-therapeutic center.
3. At the main hearing where committal to a special institution is decided.
4. At the main hearing before a jury court (Geschworenengericht) or a lay-judge panel (Schöffengericht).
5. At the main hearing before a single judge at the regional court (Landesgericht), where the offence carries a prison sentence of more than three years — subject to certain exceptions.

Where mandatory defense applies, the question is no longer whether you have a lawyer, but which one — a chosen defense lawyer or an assigned one.

Chosen defense vs. legal-aid defense

Austrian law distinguishes two ways of being represented, and the difference goes to both control and cost.

Chosen defense (Wahlverteidigung)

You select your own lawyer and pay according to the fee agreement you reach. You decide who defends you — a real advantage, because in criminal matters the choice of counsel is rarely a formality.

Legal-aid defense (Verfahrenshelfer)

Where the conditions are met, a legal-aid defense counsel (Verfahrenshelfer, the Austrian equivalent of an appointed defender) can be assigned to you. You do not have to pay this lawyer — but you cannot choose who it is. That trade-off, control against cost, is the heart of the distinction.

The initial consultation

Everything about the fee is settled before the work begins. The costs are discussed in advance, at the initial consultation (Erstgespräch) in my office. At the end of that meeting I can give you the concrete cost of your case — and you are then free to decide whether to take my support. No commitment is asked of you before you know what the defense will cost and how it will be billed.

Frequently asked questions on criminal defense costs

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