Lukas Müller / Sandro E. Obrist / Patrik Odermatt

In the judgement 5A_391/2017 of February 13, 2018, the Federal Supreme Court ruled that it is inadmissible to make the compensation of the parties dependent on a review of the need for professional representation as such. in this article, the authors examine the costs of litigation and their distribution according to Art.95 et seq. ZPO and point out which considerations must be taken into account when drafting the fee schedule. In addition, the implications for the practice resulting from the current legal position are discussed.