Act on the Bar Admission and Representation of Parties (Lawyers Act, AnwG) (Anwaltsgesetz, AnwG) - Attorney (ANWG)

1. A person is considered a lawyer if they possess a license to practice law.

1. The examination commission pursuant to § 5 grants the attorney's license to applicants who meet the requirements of Article 8 paragraph 1a-c of the Federal Act on the Free Movement of Lawyers (BGFA) of June 23, 2000, and who have passed the bar examination.

2. It publishes the granting of the attorney's license in the cantonal gazette.

1. Applicants who meet the requirements of Articles 7 paragraph 1a and 8 paragraphs 1a-c of the BGFA must complete a legal internship of at least one year before being admitted to the bar examination.

2. The Cantonal Court determines which offices and courts, in addition to the lawyers registered in the cantonal bar register, are permitted to train legal interns. Those who employ legal interns assume the obligation to introduce them to professional practice.

3. Legal interns employed by lawyers may represent their clients before the authorities mentioned in § 6. They are subject to the supervision of the authority overseeing lawyers.

4. The Cantonal Court shall regulate the details of the legal internship by ordinance and shall designate, in particular, the authority responsible for the admission to the legal internship.

1. The Cantonal Court shall regulate the details concerning the bar examination, the suitability examination pursuant to Article 31 of the Swiss Federal Act on the Free Movement of Lawyers (BGFA), and the interview to assess professional skills (examination interview) pursuant to Article 32 of the BGFA by means of an ordinance, particularly regarding the admission of candidates to the examinations, the subject matter and the conduct of the examinations, as well as the examination fees.

2. It shall designate the authority responsible for the admission to the examinations and the examination interview.

1. The Cantonal Court elects an Examination Commission for a term of four years, consisting of at least five members and substitute members. The chairperson is a member designated by the Cantonal Court.

2. Lawyers can only be elected as members of the Examination Commission if they are registered in the cantonal lawyers' register. The Lucerne Bar Association has the right to propose the lawyers to be elected.

3. The Cantonal Court appoints the clerk of the Examination Commission from among its court clerks.

4. Generally, two lawyers participate in the examination proceedings.

5. The Examination Commission decides on the issuance of the lawyer's license as well as on passing the aptitude test according to Article 31 of the BGFA and the examination interview according to Article 32 of the BGFA.

1. The Supervisory Authority over Attorneys-at-Law may revoke the attorney's license if

a. the conditions pursuant to § 2 paragraph 1 are no longer met or

b. there is a permanent professional practice prohibition according to Article 17 paragraph 1e of the Swiss Federal Act on the Free Movement of Lawyers (BGFA) or an obvious insolvency exists, thereby compromising trustworthiness.

1. The holder of the attorney's license may waive the attorney's license by submitting a written declaration to the supervisory authority for attorneys.

1. Following a revocation pursuant to § 5a, the supervisory authority over the attorneys may reissue the revoked attorney's license if

a. the applicant demonstrates that the grounds for revocation no longer exist, and

b. the protection of the legal-seeking public and the administration of justice permits it.

2. Paragraph 1 applies mutatis mutandis to the reissuance of the attorney's license after a voluntary relinquishment pursuant to § 5b.

1. Unless otherwise provided by the legal system, only those who are registered in the cantonal register of lawyers or who enjoy freedom under the Federal Act on the Free Movement of Lawyers (BGFA) are permitted to represent a party before the judicial authorities, law enforcement authorities, and supervisory authorities for debt enforcement and bankruptcy.

1. The supervisory authority over lawyers maintains the cantonal register of lawyers in accordance with Article 5 paragraph 3 of the BGFA and the public list according to Article 28 paragraph 1 of the BGFA.

2. It decides on the entries and deletions.

3. The procedure is governed by the provisions of the Law on Administrative Justice.

1. The government council selects several official defense attorneys from the admitted lawyers.

2. The official defense attorneys are elected for four years. The re-elections take place in the same year as the re-elections of the first-instance judges.

1. Lawyers are subject to the supervision of the supervisory authority for lawyers.

2. Articles 12 BGFA on professional rules, 13 BGFA on professional secrecy, and Articles 14-20 BGFA on disciplinary matters apply mutatis mutandis as cantonal law to lawyers not admitted to represent parties.

1. Supervisory Authority is a commission elected by the Cantonal Court for a term of office of four years. It consists of five members, including at least two lawyers and one member of the Cantonal Court, as well as substitute members. The chair is held by a member designated by the Cantonal Court.

2. Lawyers can only be elected as members of the Supervisory Authority if they are registered in the cantonal register of lawyers. The Lucerne Bar Association has the right to propose candidates for the lawyers to be elected.

3. The Cantonal Court designates the secretary of the Supervisory Authority from among its court clerks.

1. The supervisory authority sanctions violations of professional rules according to Article 12 of the Federal Act on the Free Movement of Lawyers (BGFA). It may issue directives and impose disciplinary measures on the lawyer.

2. It has jurisdiction if the violation was committed in the Canton of Lucerne. Article 15, paragraph 2 of the BGFA remains reserved.

1. Disciplinary Measures Arise from Article 17 BGFA.

2. The type of disciplinary measure depends on the severity of the misconduct and the culpability. The previous conduct of the attorney must be duly considered.

3. Disciplinary liability generally exists independently of criminal proceedings or civil litigation.

1. The supervisory authority over lawyers acts based on complaints, reports, or its own findings.

2. Anyone affected by the professional conduct of a lawyer is entitled to file a complaint.

3. Authorities are obligated to report if they become aware of incidents that may violate professional rules.

4. Those who limit themselves to mere reporting are not involved in the proceedings as a party. Upon request, they may be informed of how the proceedings were resolved.

5. The procedure is governed by Articles 15 et seq. of the BGFA. Additionally, the provisions of the Law on Administrative Procedure apply mutatis mutandis.

1. Appeals against decisions made under this Law or the BGFA (Federal Act on the Free Movement of Attorneys) can be submitted as an administrative court appeal to the Cantonal Court. The Cantonal Court also has the authority to exercise discretionary control, except in the case of appeals against examination decisions pursuant to § 5 paragraph 5.

2. Insofar as federal law does not contain special provisions, the procedure is governed by the regulations concerning administrative court appeals as outlined in the Law on Administrative Procedure (§§ 148 ff.).

1. Authorities shall levy costs for official acts they perform pursuant to this Act. The costs shall consist of fees for official activities, potential evidence costs, party compensation, and disbursements.

2. The Cantonal Court shall determine the amount of the fees and party compensation in the Cost Ordinance.

1. The party initiating proceedings generally bears the costs.

2. In disciplinary proceedings, the provisions regarding procedural costs outlined in Articles 416 et seq. of the Swiss Code of Criminal Procedure of October 5, 2007, apply mutatis mutandis. An individual who merely files a complaint does not bear any costs.

1. The supervisory authority over lawyers shall decide on the exemption from professional secrecy.

2. It shall perform the other duties assigned to it by the Federal Act on the Free Movement of Lawyers (BGFA).

1. The supervisory authority over attorneys publishes in the Cantonal Gazette

a. the entries and deletions in the attorneys' register and the public list,

b. the prohibitions on professional practice,

c. * the revocations of attorney patents,

d. * the renunciations of attorney patents,

e. * the reissuances of attorney patents.

2. It may also publish prohibitions on professional practice that are provisionally or temporarily imposed.

3. It communicates revocations, renunciations, and reissuances pursuant to paragraph 1 to the supervisory authorities of the other cantons.

4. It may also publish in electronic media the information accessible to any person pursuant to Articles 10 paragraph 2 and 28 paragraph 1 of the BGFA.

1. For the recusal of members and the secretary of the supervisory authority on attorneys as well as of the examination commission, the provisions of the Administrative Procedure Act apply mutatis mutandis.

1. The Cantonal Court issues rules of procedure for the supervisory authority over lawyers and for the examination commission.

2. In the rules of procedure, the handling of simple matters may be delegated to the president or to a committee of three members.

3. A committee consists of the president, one lawyer, and one additional member.

1. The Cantonal Court issues the implementing provisions.

1. The law on the profession of attorney (Law on Attorneys) of November 30, 1981 is repealed.

1. The following enactments are amended according to the annex

a. Administrative Procedure Act of July 3, 1972,

b. Public Authentication Act (Authentication Act) of September 18, 1973,

c. Court Organization Act of January 28, 1913,

d. Civil Procedure Code Act of June 27, 1994,

e. Court Fees Act in Proceedings before Court Authorities of March 8, 1966,

f. Labor Court Act of March 8, 1977,

g. Introductory Act to the Federal Act on Debt Collection and Bankruptcy of October 22, 1996,

h. Criminal Procedure Code Act of June 3, 1957.

1. Anyone who does not fulfill the requirements under Section 6 of this Act and represents a party in a procedure at the time of this Act's entry into force may continue the representation until the decision or judgment by the relevant instance. For supervisory and disciplinary matters, the provisions of this Act shall apply mutatis mutandis.

2. Disciplinary proceedings pending at the time this Act enters into force will be treated according to the previous law. If the provisions of this Act are more favorable to the affected parties, they shall be applicable.

3. Civil disputes pending at the time this Act enters into force before the supervisory authority as an arbitration court or the higher court as a court of appeal between lawyers and their clients will be concluded according to the previous law.

4. Lawyers with a business address in the Canton of Lucerne who are authorized to practice at the time this Act enters into force will be entered into the register in a simplified procedure at no cost.

1. The law is subject to an optional referendum.

2. The governing council determines the commencement.