Act on the Legal Profession - Subject Matter and Scope

1. This law regulates the acquisition and loss of the attorney's license as well as legal representation in court.

2. It implements the provisions of the Federal Act on the Free Movement of Lawyers dated June 23, 2000.

1. Entitlement to Professional Representation before the Schaffhausen Courts

A person is entitled to professional representation before the Schaffhausen courts if they are registered in the cantonal register of lawyers or enjoy freedom of movement under federal law.

1. The supervisory authority grants the attorney license to individuals who have passed the bar exam of the Canton of Schaffhausen.

1. The bar exam shall be open to anyone who meets the professional and personal requirements under federal law for entry in the cantonal register, with the exception of independent practice.

2. The exam may be retaken twice.

3. The High Court may further specify the admission requirements, particularly regarding the necessary internship, and may introduce a waiting period for retake examinations.

1. The applicant must demonstrate their theoretical and practical knowledge required for the legal profession through the bar examination.

2. The examination consists of a written and an oral part. It is to be oriented towards practical application of the federal law and the law of the Canton of Schaffhausen.

3. The Higher Court issues the examination regulations upon the request of the supervisory authority.

1. The supervisory authority revokes the attorney's license if the holder is no longer competent or trustworthy and the protection of clients and the administration of justice cannot be otherwise ensured.

2. The holder of the attorney's license may declare in writing to the supervisory authority the renunciation of the attorney's license.

1. The supervisory authority may reissue the lawyer's license if the conditions for its loss no longer exist and if the protection of those seeking legal advice and the administration of justice allows it. If the holder was not trustworthy at the time of the loss of the lawyer's license, it may only be reissued after a minimum period of five years.

2. Reissuance is excluded as long as a criminal professional ban is in effect.

3. The supervisory authority may order the complete or partial repetition of the bar examination.

1. The supervisory authority may permit applicants, who are working for training purposes in the office of a practicing, registered attorney in the canton of Schaffhausen, to represent clients in court.

2. The authorization is granted provided that the federal requirements for entry into the cantonal register are met, subject to the internship and examination.

3. It is limited to a maximum of two years and may be extended once for a further two years in justified cases.

4. The substituted person is subject to supervision under this law. Their procedural actions may be attributed to the attorney.

1. The acquisition and loss of the attorney's license, as well as the granting of substitution, shall be published in the Official Gazette for the Canton of Schaffhausen.

1. The establishment of the supervisory authority is regulated in the Justice Act.

1. The proceedings before the supervisory authority shall, subject to the following provisions, mutatis mutandis follow Article 35 et seq. of the Administrative Procedure Act.

1. The supervisory authority initiates the disciplinary or patent revocation procedure ex officio or upon notification. In minor cases, it may refrain from initiating a procedure.

2. The affected party is to be heard and informed of the decision.

3. The provisions of the Swiss Code of Criminal Procedure regarding evidence and the consequences of costs and compensation apply mutatis mutandis.

1. The decisions of the supervisory authority may be appealed to the high court by means of an administrative court complaint.

1. The supervisory authority charges fees for its official actions. These consist of fees for official activities and any potential cash expenses.

2. The party initiating the procedure is responsible for bearing the costs. Special provisions are reserved.

3. The fees range from CHF 300.00 to CHF 5,000.00. The Supreme Court issues a fee schedule.

1. The canton shall bear the costs arising from the activities of the supervisory authority.

2. The supreme court shall determine the compensation for the members of the supervisory authority, as well as for the secretary.

1. The Superior Court issues the necessary implementing provisions.

1. Certificates of competence issued under the old law remain valid.

2. For legal representation, holders of certificates of competence issued under the old law must register in the cantonal register within six months.

1. This law is subject to a referendum. It is also contingent upon the people's approval of the revision of Article 78 paragraph 3 of the Cantonal Constitution dated June 17, 2002.

2. This law shall enter into force with the revision of Article 78 paragraph 3 of the Cantonal Constitution.

3. It shall be published in the Official Gazette and incorporated into the Cantonal Law Collection.

4. It replaces the Decree concerning the Legal Profession dated December 17, 2001.