Ashford International Law P.C.

This page sets out how Ashford International Law P.C. charges for work that is not covered by one of its flat-fee packages: estate and trust administration, estate and trust litigation, cross-border tax advice and all other consultation. Flat fees for estate planning are listed on the Estate Planning Packages page, and the flat fee for a first meeting is listed on the Initial Consultation Package page.

Hourly rates for the firm’s attorneys begin at USD 1,000. German matters may be billed under the German Lawyers’ Remuneration Act (RVG).

Fees at a Glance

Hourly Rates

Work that is not covered by a flat fee is billed by the hour. Hourly rates for the firm’s attorneys begin at USD 1,000. The rate that applies to a matter depends on its complexity, the jurisdictions involved and the attorney handling it, and is stated in the engagement letter.

Hourly billing applies in particular to:

• estate and trust administration, including probate and ancillary probate proceedings;
• estate and trust litigation;
• advice on cross-border income, gift and estate tax questions;
• all other consultation.

Where a clearly defined task lends itself to a flat fee, the firm quotes one. A fee estimate is given after the initial call, once the facts, the assets and the jurisdictions involved are known.

Limited Scope Representation

A client who needs help with one defined part of a matter can engage the firm for that part only. Examples are a second opinion on an existing estate plan, advice on a single cross-border tax question, or the review of documents prepared by other counsel in the United States or abroad.

The engagement letter for a limited scope representation describes what the firm will do and what remains outside the engagement, and may set a budget of hours. Work beyond the agreed scope requires a new agreement.

German Matters

Matters governed by German law may be billed under the German Lawyers’ Remuneration Act (Rechtsanwaltsvergütungsgesetz, RVG). Under the RVG, fees generally depend on the value of the matter (Gegenstandswert) rather than on the time spent (§ 2 RVG). The fee is calculated by applying the rate set in the statutory schedule of fees (Annex 1 to the RVG) to the amount shown in the statutory fee table for the value of the matter (§ 13 RVG and Annex 2).

For out-of-court advice, the RVG sets no fixed fee and calls for an agreement on the fee (§ 34 RVG). Without such an agreement, the fee follows the general rules of the German Civil Code, with upper limits where the client is a consumer.

Instead of the statutory fees, the firm and the client may agree on an hourly or flat fee in a written fee agreement (Vergütungsvereinbarung) that meets the form requirements of § 3a RVG. Two limits apply in German court proceedings: the agreed fee may not be lower than the statutory fees, and an opposing party ordered to bear the costs of the proceedings reimburses only the statutory fees, not a higher agreed fee.

Engagement and Billing

Before work begins, the firm and the client sign an engagement letter. It identifies the client, describes the scope of the work, states the basis of the fee and the applicable rate or amount, and sets out how costs are handled.

The firm may ask for an advance deposit. An advance deposit remains the client’s money until it is earned. It is held in the firm’s client trust account and applied to invoices as the work is performed, and any unearned balance is refunded at the end of the engagement.

Invoices are issued periodically and itemize the work performed, the time spent and the costs incurred.

If the scope of the work changes significantly, the firm and the client agree in writing on the fee for the additional work.

Costs and Disbursements

The fee covers the firm’s professional services. Costs paid to third parties are billed separately, at cost. They include in particular:

• court, probate, filing and recording fees;
• premiums for fiduciary bonds;
• publication of notices to creditors;
• appraisals and business valuations;
• fees of foreign counsel, notaries and tax advisers;
• certified translations, apostilles and legalizations;
• courier and registered mail charges.

Larger third-party costs, such as appraisals or the fees of foreign counsel, may be billed to the client directly by the provider.

Services as a Fiduciary

The firm’s attorneys may serve as trustee, personal representative (executor or administrator), guardian or conservator. In some of these appointments, the fee is set as a percentage of the value of the trust or estate under administration, within the limits set by the governing instrument, the applicable statute and any court supervising the administration. The basis of the fee is agreed in writing at the outset.

Will and Trust Contests and Recoveries

In some cases, usually will and trust contests or disputed claims to life insurance or other assets passing at death, the fee may be set as a percentage of the amount recovered for the client. Under such a contingent fee arrangement, no fees are charged while the case is pending, and a fee is collected only if the case is resolved to the client’s satisfaction.

A contingent fee agreement is always made in writing and states how costs are handled. Contingent fees are available in United States matters. German law permits them only in narrow circumstances (§ 4a RVG).

Fee Estimates

A fee estimate is given after an initial call. The firm can be reached at (202) 790-2500 or info@internationalestatelaw.com. This page describes the firm’s general fee practice; the engagement letter governs the fee in each matter.