Luke Mueller / Sandro E Obrist / Patrik Odermatt

In its judgment 5A_391/2017 of February 13, 2018, the Federal Supreme Court decided that it is inadmissible to make party compensation dependent on a review of the necessity of professional representation as such. In this article, the authors examine the litigation costs and their distribution in accordance with Art. 95 ff. ZPO and show which considerations must be taken into account when designing the fee note. In addition, the practical implications of the current legal situation are discussed.