Fees
GAWEL Legal works on fixed, capped, collared or phased fees, or on a retainer; time-based fees apply to work outside an agreed scope.
Fee arrangements
The arrangement depends on how clearly the work can be defined and how it is expected to develop.
Fixed fee (Pauschalhonorar)
An agreed price for a defined piece of work.
Scope and terms
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When it is used
Regulatory legal advice, contract drafting and review, due diligence, and other work with a defined scope
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Changes to the scope
Material additions to the scope are priced separately.
Retainer
An ongoing arrangement for recurring legal work or part-time support within a business.
Scope and terms
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Ongoing advice
A regular fee for agreed advisory, regulatory or contracting work
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Fractional counsel
Part-time legal support within the business. See fractional counsel.
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Scope and reporting
Periodic statements record the work handled; litigation and disputes fall outside the retainer.
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Term
Either party may end the engagement on notice, subject to professional obligations.
Capped fee (Kostendach)
An agreed maximum for the work covered. The fee may be lower, but it cannot exceed that cap.
Scope and terms
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When it is used
Work with a defined purpose where the time required is uncertain
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Keeping track of costs
Progress against the cap is reported as the matter develops, with notice before the cap is reached.
Collared fee
A fee with an agreed minimum and maximum. The final amount depends on the work required, within that range.
Scope and terms
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How it works
Less work results in a fee nearer the minimum; more work brings it nearer the maximum.
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When it is used
Transactions where the work required may change and an agreed fee range suits the matter
Phased fixed fees
A separate fee for each stage of a transaction or dispute. The next stage can be reviewed before further work is agreed.
Scope and terms
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Fees by stage
Each stage, such as drafting, negotiation or a hearing, has its own scope and fixed or capped fee.
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When it is used
Transactions and disputes that can be divided into separate stages
Time-based fees
Time-based fees apply to additional work outside an agreed scope, or where the work cannot be defined in advance.
Scope and terms
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Budget
An estimate can be agreed, with notice as the work approaches the budget.
Work covered by a fixed fee
A fixed fee covers a defined piece of work, such as the documents below; each completed document comes with a short explanatory note.
If priority handling is expressly agreed, a 50 percent uplift applies.
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Non-disclosure agreement: drafting or review
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Commercial contracts: drafting, review or proposed amendments to service, software, cloud and license agreements
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Privacy policy: Swiss data protection law, the GDPR, or both
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International data transfers: a TIA and SCCs for the vendors agreed in the scope
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Quality agreement: GMP or GDP arrangements, including multi-site or combination-product work where agreed
Arrangements by service
Each service has a standard fee arrangement; the service pages describe the work.
View service arrangements
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Regulatory posture audit: Capped fee
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Cyber readiness assessment: Capped fee
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Medical-AI readiness assessment: Capped fee
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Life sciences regulation: Ongoing retainer
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MDR and IVDR compliance: Retainer and fixed-fee modules
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CH-REP advisory: Fixed-fee mandate structuring
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Clinical trial contracting: A fixed fee for each trial agreement, with a framework retainer for repeat work
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Market access and reimbursement: Fixed fee per listing
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Pharmacovigilance and drug safety: Retainer and fixed-fee modules
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Product liability: Advice charged by time spent; capped retainer for the defense of a claim; litigation priced per matter
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Data-protection advisor: Ongoing retainer
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Swiss data-protection representative: Annual fee, tiered by the controller's size
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EU AI Act compliance: Retainer and fixed-fee modules
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Cyber and digital resilience: Fixed fees and an ongoing retainer
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ICT commercial contracts: Ongoing retainer
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Health and research data: Retainer and fixed-fee modules
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Digital health compliance: Ongoing retainer
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Pharma and MedTech transactions: Phased fixed fee, with a capped or collared negotiation phase
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International arbitration: Fixed-fee early-case assessment, then phased fixed fees with per-phase caps for counsel work; arbitrator remuneration under the institutional rules or the terms agreed with the parties
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Compliance and investigations: Fixed scoping fee, then capped phases
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Fractional counsel: Part-time retainer
Expenses and disbursements
Expenses are separate from legal fees.
- Third-party costs (filing fees, experts, translations) billed at actual cost without markup
- Significant anticipated expenses discussed and approved in advance
- Travel costs billed at agreed flat rates where travel is required
Engagement terms
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Client identity
Representation does not extend to affiliates, subsidiaries, or related parties unless expressly stated.
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Termination
Either party may terminate the engagement upon notice, subject to professional obligations. Upon termination, unused retainer amounts are refunded and files transferred as directed.
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Governing law
Engagements are governed by Swiss law. Professional conduct is governed by the German rules (BRAO and BORA) and, in Switzerland, by the BGFA.
Questions about fees
- Can the fee depend on the outcome of a matter?
- No. Fees never depend on the outcome of a matter.
- When are fees time-based?
- For work outside an agreed scope, or where the work cannot be defined in advance; an estimate can be agreed, with notice as the work approaches it.
- Are unused retainer amounts refunded on termination?
- Yes. Either party may end an engagement on notice, subject to professional obligations; on termination, unused retainer amounts are refunded and files are transferred as directed.
Request a fee proposal
A brief outline of the matter is enough to start the discussion.