Regulations on the Fees and Compensation of Professional Representation in Court Proceedings (Honorarreglement, HoR) - Scope and Subject Matter (HoR)

1. This regulation applies to all proceedings before the courts of the Canton of Basel-Stadt.

2. It governs the compensation of professional representation, including official defense and legal representation within the framework of legal aid

a) in civil proceedings (§§ 3 to 13);

b) in criminal proceedings (§ 14);

c) in proceedings before the Constitutional and Administrative Court (§ 15);

d) in proceedings before the Social Insurance Court (§ 16);

e) in proceedings before the Court for Compulsory Hospitalization (§ 17);

f) in proceedings before the Supervisory Commission over Lawyers (§ 18).

3. The common provisions are found in §§ 19 to 25.

4. It governs the compensation determined by authorities for party representation as well as, subject to a different fee agreement pursuant to § 15 of the Legal Profession Act, the remuneration of the attorney by the commissioning party.

5. An awarded party compensation exclusively governs the relationship between the parties to the proceedings.

1. The Determination of Fees is Based on the Following Principles

a) Scope of Efforts;

b) Importance of the Matter to the Parties;

c) Complexity in Factual and Legal Aspects.

2. These principles are also decisive insofar as this regulation stipulates minimum and maximum rates for the determination of fees.

3. In special cases, the financial circumstances of the instructing or liable person may also be taken into consideration.

1. In cases of civil law concerning property rights (with a determined or determinable value in dispute), the fee consists of a basic fee with possible surcharges and deductions.

2. If both monetary and non-monetary claims are adjudicated in the same proceedings, the fee is calculated based on the value in dispute, provided that the calculation based on time expenditure does not result in a higher fee.

1. For a mediation process that is conducted without subsequent litigation, the fee for the attorney in asset-related disputes shall not exceed one-third of the fee permissible for the executed litigation process.

1. In ordinary and simplified procedures, the basic fee falls within the following range

Disputed Amount (Fr.): up to 1,000

Basic Fee (Fr.): 100 to 500

Disputed Amount (Fr.): over 1,000 to 5,000

Basic Fee (Fr.): 500 to 1,000

Disputed Amount (Fr.): over 5,000 to 10,000

Basic Fee (Fr.): 1,000 to 2,000

Disputed Amount (Fr.): over 10,000 to 30,000

Basic Fee (Fr.): 2,000 to 3,000

Disputed Amount (Fr.): over 30,000 to 100,000

Basic Fee (Fr.): 4,500 to 10,000

Disputed Amount (Fr.): over 100,000 to 500,000

Basic Fee (Fr.): 10,000 to 30,000

Disputed Amount (Fr.): over 500,000 to 1,000,000

Basic Fee (Fr.): 30,000 to 50,000

Disputed Amount (Fr.): over 1,000,000 to 5,000,000

Basic Fee (Fr.): 50,000 to 100,000

Disputed Amount (Fr.): over 5,000,000

Basic Fee (Fr.): 1% to 3% of the disputed amount

2. In simplified procedures pursuant to Article 243 Paragraph 2 of the Swiss Code of Civil Procedure (Civil Procedure Code, CPC) of December 19, 2008, with a disputed amount exceeding Fr. 30,000, the basic fee is reduced by one-third.

1. In case of representation by a licensed attorney, the base fee is determined as follows

Disputed Amount (Fr.): up to 1,000

Base Fee (Fr.): 100 to 250

Disputed Amount (Fr.): over 1,000 to 10,000

Base Fee (Fr.): 250 to 750

Disputed Amount (Fr.): over 10,000 to 100,000

Base Fee (Fr.): 750 to 2,000

Disputed Amount (Fr.): over 100,000 to 1,000,000

Base Fee (Fr.): 2,000 to 3,000

Disputed Amount (Fr.): over 1,000,000

Base Fee (Fr.): 3,000 to 5,000

2. In case of professional representation under Article 27 of the Federal Act on Debt Enforcement and Bankruptcy (SchKG) of April 11, 1889, by a person not licensed as an attorney, the party compensation ranges between Fr. 50 and Fr. 500.

1. In other processes conducted under the summary procedure, the basic fee according to § 5 is reduced by one third to four fifths, unless otherwise specifically regulated below.

2. The basic fee in proceedings for the provisional registration of a construction worker's lien or a lien for condominium owner contributions is

Amount in dispute (Fr.): up to 10,000 | Basic fee (Fr.): 750 to 1,500

Amount in dispute (Fr.): over 10,000 to 100,000 | Basic fee (Fr.): 1,000 to 6,000

Amount in dispute (Fr.): over 100,000 to 1,000,000 | Basic fee (Fr.): 3,000 to 20,000

Amount in dispute (Fr.): over 1,000,000 | Basic fee (Fr.): 5,000 to 30,000

3. The basic fee in evictions in proceedings for legal protection in clear cases is

Amount in dispute (Fr.): up to 10,000 | Basic fee (Fr.): 250 to 1,000

Amount in dispute (Fr.): over 10,000 | Basic fee (Fr.): 500 to 3,000

1. The basic fee according to § 5 covers the expenses for an exchange of documents and a hearing in ordinary proceedings, and in simplified proceedings, it covers the expenses for the complaint (with or without reasoning) or any statement from the defendant party and a hearing. In summary proceedings according to §§ 6 and 7, the basic fee covers a written submission (legal brief) or the hearing.

2. The following surcharges may be applied

a) up to 300%: in summary enforcement proceedings with above-average effort in legal or factual matters (e.g., extensive or difficult instruction, complicated accounting, bookkeeping, foreign language correspondence), if the maximum rate of the basic fee does not provide adequate compensation;

b) up to 100%: in processes with above-average effort in legal or factual matters (e.g., extensive or difficult instruction, complicated accounting, bookkeeping, foreign language correspondence), if the maximum rate of the basic fee does not provide adequate compensation;

c) up to 50%

1. for ordering an exchange of documents in simplified procedures (Art. 246 para. 2 ZPO),

2. for an admitted third-party notice action (Art. 81 et seq. ZPO);

d) up to 30%

1. for participation in a preliminary conciliation procedure,

2. for each additional hearing,

3. for each additional legal brief,

4. for participation in an on-site inspection,

5. when an expert opinion is ordered,

6. for out-of-court settlement efforts.

3. The surcharges may not exceed a total of 300% of the basic fee.

4. A deduction of up to a total of 50% can be made

a) if the factual or legal circumstances in a process are particularly simple;

b) when the procedure is limited to individual issues in dispute;

c) upon termination of proceedings without a decision (Art. 241 et seq. ZPO);

d) in ordinary proceedings, when no statement of defense has been submitted and no main hearing is conducted.

1. The fee for representing the third party summoned to join the proceedings or the intervenor amounts to one quarter to one half of the fee of the main parties. In the case of an admitted third-party notice action, the rates applicable to the main parties shall apply.

1. In family law proceedings, the fee is determined based on the time spent.

2. This also applies to conciliation proceedings.

3. The hourly rate for legal representation of the child according to Art. 299 et seq. of the Civil Procedure Code is CHF 200 to 250. For non-legal representatives of the child, the hourly rate is CHF 100 to 200.

1. In non-pecuniary matters, the fee is determined by the time spent.

2. This also applies to conciliation proceedings.

3. The fee is generally as follows for the following matters

a) Preventive proximity and contact prohibitions: Fr. 500 to Fr. 1,000

b) Correction of civil status register entries: Fr. 500 to Fr. 1,000

c) Legal protection in clear cases: Fr. 500 to Fr. 5,000

1. In appellate proceedings according to Article 308 of the Civil Procedure Code (ZPO) and in complaint proceedings according to Article 319 letter a ZPO, fees are determined according to the same principles as in first instance proceedings. The basic fee generally amounts to half to two-thirds of the rates for the first instance proceeding. It includes a simple exchange of written submissions without a main hearing. The deduction is waived when there is new representation in the appeal proceedings for invoicing against the commissioning person.

2. In other complaint proceedings, fees are determined according to the time expenditure.

1. In appellate procedures in civil cases where the base fee is determined by the amount in dispute, this fee generally amounts to up to half of the rates for the original proceedings if the appellate court dismisses the appeal or does not admit it. Otherwise, § 12 paragraph 1 applies analogously.

1. In criminal cases (including adhesion proceedings), the fee is calculated based on the time spent.

1. In administrative and constitutional court matters, the fee is calculated based on the time spent.

1. In matters of social insurance, the fee is calculated based on the time expended.

2. In disputes arising from supplementary insurance for social health insurance pursuant to Art. 243 para. 2 lit. f of the Civil Procedure Code, the amount in dispute must be taken into account.

1. Proceedings before the Court for Protective Detentions are billed based on the time spent.

1. In proceedings before the Supervisory Commission regarding lawyers, the fee is calculated based on the time spent.

1. If the fee is based on the time spent, the hourly rate ranges from CHF 200 to CHF 400. It is determined by the complexity and importance of the case, as well as the financial circumstances of the commissioning party.

2. In cases of urgency, engagement outside of regular office hours, utilization of specialized knowledge particularly in legal, factual, and linguistic matters, as well as when the interest at stake is very high, the hourly rate may be increased up to CHF 800.

1. In matters of property law disputes, the fee for legal representation provided free of charge is determined in accordance with Sections 2-10 and 12 of this regulation. In cases of high dispute value, it may be reduced by up to half of the standard rate.

2. For a fee based on time expenditure, the hourly rate for the fees of attorneys in the context of official defense and other free legal representations is CHF 200. The hourly rate may be increased for negotiations and hearings on Sundays and public holidays.

1. The Fee for Pro Bono Mediation in Family Law Matters Involving Financial and Non-Financial Issues is Based on Time Expenditure.

2. To conduct pro bono mediation, a person may be engaged if they possess a qualification recognized by one of the following institutions: Swiss Bar Association (SAV), Swiss Mediation Association (FSM), Swiss Association for Family Mediation (SVFM), or Swiss Chamber for Commercial Mediation (SKWM).

3. The hourly rate is CHF 180 to CHF 200 if the mediation is conducted by a person registered in a cantonal attorney register, and otherwise CHF 100 to CHF 200.

1. For trainees, one-third to two-thirds of the applicable hourly rate is to be calculated according to their level of training.

1. Travel time is reasonably compensated in proceedings where the fee is calculated based on the time expended for necessary appointments.

2. Generally, a flat-rate compensation for travel time corresponding to half an hour is provided per necessary appointment. For a required travel distance of over 30 km (as the crow flies), half of the travel time is compensated as an expense instead of this flat-rate compensation.

3. In justified exceptional cases, travel time can be fully compensated.

1. For telephone calls, postage, copies, etc., a flat rate of a maximum of 3% of the fee, but at least CHF 30, may be charged.

2. Extraordinary expenses, such as necessary travel expenses, may be charged separately.

1. Any applicable value-added tax is owed in addition to the fee and expenses. It must be itemized separately on the bill of the attorney.

1. The fee and the expenses must be itemized separately in the invoice of the attorney. The calculation of the fee and the extraordinary expenses must be detailed.

2. If legal representation claims party compensation in proceedings for the client or a fee within the framework of free legal representation or official defense, the invoice for the fee must be submitted to the court no later than at the main hearing, or in appeal proceedings with the final submission, otherwise the court can determine the compensation by its own discretion.

3. No fee can be claimed for the issuance of an invoice.

4. In official defense cases, interim invoices may be issued in particularly complex proceedings.

1. For proceedings initiated or pending at the time this regulation comes into force, the previous Fee Schedule for Attorneys of the Canton of Basel-Stadt dated December 29, 2010, shall apply until the conclusion of the first-instance court proceedings.

2. For appeal procedures, the law in force at the time of the dispatch of the written statement of the contested decision shall apply.

3. For the revision of decisions initiated or pending after the entry into force of this regulation, the new law shall apply.