Art. 2 REGULATION on legal aid in civil matters (RAJ) - Determination of the Remuneration Due to Court-Appointed Counsel [ 1, 2 ]

1. The officially appointed legal counsel is entitled to a lump-sum reimbursement of their disbursements and to equitable remuneration (Art. 122, para. 1, let. a CPC), which is determined taking into account the importance of the case, its difficulties, the extent of the work, and the time devoted by the officially appointed legal counsel. In this regard, the judge assesses the scope of the necessary operations for the conduct of the proceedings. The judge applies the following hourly rate

a. lawyer: 180 francs;

b. trainee lawyer: 110 francs;

c. licensed legal agent: 140 francs;

d. trainee of a licensed legal agent: 90 francs.

2. The compensation, comprising remuneration and disbursements, is set at the end of the proceedings. It may, upon request, be set during the proceedings in the following cases

a. if legal aid ceases;

b. in the event of a change of officially appointed legal counsel;

c. when exceptional circumstances, particularly related to the duration of the proceedings, require it.

3. The decision setting the compensation indicates the amount of the remuneration and that of the disbursements, as well as the amount of VAT insofar as this compensation is subject to tax and VAT has not already been taken into account.

4. When the decision setting the compensation is made at the end of the proceedings, it appears in the operative part of the judgment on the merits. When it is made during the proceedings, it is the subject of a separate decision taken by the president or, for the courts of the Cantonal Tribunal and the Cantonal Property Chamber, by the delegated judge (Art. 42 CDPJ [A]).

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