Lawyers Act (AnwG) - Subject Matter (ANWG)

1. This law regulates the acquisition of the attorney's license, the supervision over the activities of attorneys, regardless of their registration in the attorney register, and enforces the provisions of the Federal Act on the Freedom of Movement for Attorneys (FAFMA) of June 23, 2000.

1. Whoever acts as a legal representative before courts, conciliation authorities, or in criminal investigation procedures must be registered in the cantonal register of attorneys or enjoy freedom under the Federal Act on the Free Movement of Lawyers (BGFA).

2. Representation in tax and social insurance disputes, as well as before a single judge in debt enforcement and bankruptcy matters, is exempt from this requirement.

1. The Superior Court elects the five members of the Supervisory Commission and the three deputies for a term of four years. By-elections during the term of office are possible.

2. The Supervisory Commission generally consists of

a) * an ordinary member of the Superior Court, who presides over the Supervisory Commission;

b) * another ordinary member of the Superior Court, who belongs to a different division of the Superior Court than the president;

c) * three other members, usually two of whom are lawyers practicing in the canton;

d) * three deputies.

3. All members and deputies must hold a law license.

4. The Supervisory Commission constitutes itself. Administratively, it is affiliated with the Superior Court. It has a mailing address there, can utilize the premises of the Superior Court, and avail itself of its secretariat and records office.

5. The government determines the compensation and expense reimbursements for the members of the Supervisory Commission.

1. The Supervision Commission is the supervisory authority over lawyers.

2. Its responsibilities particularly include

a) * monitoring the activities of lawyers and exercising disciplinary authority;

b) * maintaining the lawyers' register and the public list of members from EU or EFTA member states;

c) * authorizing admission to the bar examination, conducting the bar examinations, issuing the attorney's license and internship authorization, and deciding on the revocation of the attorney's license and the issued authorizations;

d) * deciding on the release from professional secrecy;

e) * enforcing the Federal Act on the Free Movement of Lawyers (BGFA), insofar as this law does not explicitly designate another authority as responsible.

3. ...

1. The Higher Court exercises supervision over the Supervisory Commission.

2. It possesses the same supervisory tools and resources with respect to the Supervisory Commission and its members as it does with respect to judicial authorities and their members who are under its direct supervision. The provisions of the Court Organization Act concerning judicial supervision are applied mutatis mutandis.

3. The Higher Court decides on the release of commission members from their duty of official confidentiality for testimonies before other authorities and for the submission of documents.

1. Insofar as this Act does not contain specific provisions, the Law on Administrative Procedure applies to all proceedings before the Oversight Commission.

2. Decisions of the Oversight Commission can be appealed to the Court of Justice within 30 days from the notification of the reasoned decision.

3. The Oversight Commission can issue decisions regarding the bar examination in the dispositive. The affected persons may request a reasoned decision in writing from the Oversight Commission within ten days of the notification. Article 48 of the Law on Administrative Procedure applies accordingly.

1. Law clerks who meet the prerequisites outlined in Article 10, letters a and b of this Act and are supervised by an attorney registered in the bar may be granted a permit to appear in court, before conciliation authorities, and in criminal investigation proceedings after a two-month practice period.

2. The internship permit is issued for a period of three years. It may be extended for a maximum of two years for significant reasons.

3. The permit may be denied or revoked if the attorney or the person seeking admission has severely violated professional rules.

1. The bar examination shall require candidates to demonstrate their theoretical and practical knowledge necessary for the legal profession.

2. The examination consists of a written and an oral part. It is to be designed with a practical focus on federal and cantonal law.

3. The bar examination may be retaken twice. Examination attempts in other cantons are counted.

4. After the registration deadline, candidates may withdraw from the examination only for significant reasons. If they are absent without sufficient reason or fail to complete the examination without sufficient reason, the examination shall be considered failed.

5. If a candidate acts dishonestly during the examination, the supervisory commission may declare the examination as failed.

1. The Supervisory Commission admits to the examination individuals who

a) possess Swiss citizenship or lawfully reside in Switzerland and are authorized to be self-employed;

b) demonstrate the professional and personal qualifications that can be met at this time according to the BGFA and

c) have completed at least a one-year legal internship under the supervision of a lawyer in the Canton of Graubünden.

1. The Supervisory Commission grants the attorney's license to individuals who have passed the bar examination. These individuals are authorized to use the professional title "Attorney-at-Law," "Avvocato," or "Advocata"/"Advocat."

1. The Supervisory Commission revokes the attorney's license if the conditions for its issuance are no longer met.

2. If it is to be revoked due to a violation of professional rules, another disciplinary measure must generally have preceded it.

3. Entry into the cantonal attorney register is not a prerequisite for revocation of the license.

1. Registration in the Cantonal Attorney Register occurs when the attorney

a) demonstrates the existence of the professional and personal qualifications in accordance with the Swiss Federal Act on the Free Movement of Lawyers (BGFA);

b) provides proof of liability insurance with coverage of at least one million Swiss francs; and

c) operates a law office or maintains a business address in the canton of Graubünden.

2. The necessary documents for proving the personal qualifications must not be older than three months at the time of submission to the Supervisory Commission.

1. For attorneys, the provisions of the BGFA concerning professional rules and professional confidentiality apply to legal practice, irrespective of their registration in the Attorney Register. They are also subject, regardless of their registration, to the supervision and disciplinary authority of the Supervisory Commission; disciplinary measures apply accordingly.

2. Legal practice is engaged by anyone who holds a law license and represents individuals in court, before other authorities, or third parties, or provides advice on legal matters, while using the professional title "Attorney," "Lawyer," "Solicitor," "Avvocato," "Advocata," or "Advocat" or an equivalent designation.

1. The supervisory commission initiates the disciplinary proceedings ex officio or upon notification. In trivial cases, it may refrain from initiating proceedings.

2. Affected parties are granted access to the files and the opportunity to comment before the disciplinary decision is issued. They may request additional investigations.

3. The disciplinary decision is issued in writing, specifying the facts and considerations.

1. Anyone who professionally represents third parties in court without registration in a cantonal register or uses the title "Attorney-at-law," "Avvocato," "Advocata," or "Advocat" in public without holding a law license shall be fined up to 5000 francs by the supervisory commission.

1. The fee of the attorney is determined by the agreement made with the client.

2. In the case of official defenses and pro bono legal representations, the authority handling the matter sets the attorney's compensation based on the time required for proper legal proceedings.

1. The entitlement to party compensation is governed by the legislation on civil, criminal, and administrative judicial procedures.

2. The party compensation for the costs of legal representation in proceedings before judicial and cantonal administrative authorities is determined based on the time expenditure necessary for proper case management, as well as the complexity and significance of the matter.

1. The Supervisory Commission determines the content of the aptitude test according to the Federal Act on the Free Movement of Lawyers (BGFA) and the interview to assess professional skills according to the BGFA on a case-by-case basis. The provisions of the Ordinance on the Bar Examination apply mutatis mutandis.

1. The government sets the fees for actions, orders, and services performed based on the legal regulations governing the legal profession, particularly for the examination, issuance of the lawyer's patent, registration and removal from the register of lawyers and the list of members from EU and EFTA member states, as well as for an internship card and a disciplinary certificate.

2. The fees amount to a maximum of 5000 Swiss Francs, are determined according to the scope and complexity of the matter, and are to be borne by the recipients or the affected parties. In proceedings that involve particularly large expenses, the fee framework increases to 20,000 Swiss Francs.

3. In cases of completely unfounded reports, the procedural costs may be imposed on the person making the report.

1. The government shall issue the necessary implementing regulations and, upon request by the supervisory commission, an ordinance regarding the bar examination. It shall regulate the details of party compensation as well as the remuneration for pro bono legal representation and official defense.

1. For proceedings pending before the Supervisory Commission prior to the enactment of this law, the new law is to be applied. Disciplinary proceedings are excluded from this, insofar as the old law is more favorable to the affected parties.

2. The new financial supervisory regulations apply from the first fiscal year that begins after the amendment of this law comes into force.

1. This law is subject to an optional referendum.

2. The government shall determine the date of entry into force of this law.