Lawyers Act (AnwG) - Scope (ANWG)
Table of Provisions (17)
Statutory Text (17 Provisions)
1. This law governs the practice of law as well as the supervision of lawyers in the Canton of Appenzell I.Rh.
2. The practice of law includes the representation of parties before the courts of Appenzell Innerrhoden.
3. Legal advice and the representation of parties before Appenzell Innerrhoden administrative authorities are not subject to the rules of this law.
1. Only individuals who meet the following criteria are permitted to practice law in the canton
a) are registered in the cantonal attorneys' register,
b) enjoy freedom of movement pursuant to Art. 4 of the Federal Law on the Free Movement of Attorneys (BGFA),
c) enjoy freedom of movement pursuant to Art. 21 et seq. of the BGFA, or
d) are listed in the cantonal authorization list pursuant to Art. 28 of the BGFA.
2. The specific rules on party representation according to Articles 13 et seq. of this law remain reserved.
1. The Bar Association shall register in the cantonal register of lawyers upon application anyone who
a) has a business address as a lawyer in the canton, and
b) meets the requirements of Art. 7 and 8 of the Swiss Federal Act on the Free Movement of Lawyers (BGFA) or
c) meets the requirements of Art. 30 para. 1 BGFA.
2. It shall verify whether the requirements for registration are met.
1. The Bar Association shall include in the cantonal authorization list anyone who meets the requirements of Articles 27 et seq. of the Federal Act on the Freedom of Movement for Lawyers upon request.
2. It shall examine whether the conditions for inclusion are satisfied.
1. The entries in the cantonal register of lawyers, in the cantonal list of authorizations, as well as any changes and deletions of entries, shall be published in the official publication organ.
2. The name, first name, year of birth, and business address of the lawyers registered in the register or on the list shall be listed in the state calendar.
1. The attorney's license is issued by the Bar Association based on the successful completion of a bar exam held in the canton.
1. The Bar Association enacts detailed regulations for the conduct of bar examinations, the proficiency tests pursuant to Art. 31 BGFA, and the oral examinations as specified in Art. 32 BGFA.
1. Lawyers comply with the professional rules pursuant to Art. 12 BGFA.
1. The Grand Council issues a fee schedule for attorneys.
2. The President of the Bar Association (see Art. 12 para. 1 lit. a) reviews fee claims of attorneys who, according to Art. 2 of this law, are authorized to practice law in the Canton of Appenzell I.Rh.
1. For the assertion of fee claims, the Bar Association releases attorneys from attorney-client privilege to the necessary extent.
2. Arbitration is excluded for the assessment of disputed fee claims by attorneys.
1. Cantonal Supervisory Authority over Lawyers is the Bar Association.
1. The Bar Association comprises
a) The President of the Cantonal Court as the Chairperson and the District Court President;
b) At least three jurists not practicing as lawyers, who do not need to reside in the canton;
c) Cantonal judges as substitute members.
2. The members referred to in Paragraph 1(b) of this Article are elected by the Cantonal Court at the time of its constitution without a fixed term of office. The Bar Association may submit proposals for these members.
3. The Court Registry serves as the Secretariat.
1. The Bar Association conducts disciplinary proceedings in accordance with Art. 15 et seq. of the BGFA with a panel composed of at least three members.
2. In cases of breaches of duty, it may issue reprimands, impose fines up to CHF 10,000, or order the suspension or revocation of a license temporarily or permanently.
3. The judicial authorities' powers of legal enforcement over attorneys remain reserved.
1. The provisions of the Administrative Procedure Act apply mutatis mutandis to the proceedings before the Bar Association.
2. Decisions of the Bar Association may be appealed to the Administrative Court within 30 days by means of an administrative court complaint.
3. The Bar Association records the imposed disciplinary measures in the cantonal attorney register once they become legally binding. A professional practice ban is additionally published in the official journal.
1. An individual employed by a lawyer shall, upon the lawyer's request, be granted a license by the Bar Association to represent parties before the Appenzell Innerrhoden courts during and after the completion of a legal internship. The license shall be issued for a maximum period of three years from the commencement of the legal internship, provided the employee is included in the employer's professional liability insurance.
2. The employee is subject to supervision under this law. Their procedural actions shall be attributed to the lawyer by whom they are employed.
1. The Grand Council enacts the implementing provisions necessary for this law.
1. This law shall be enacted by the State Commission upon adoption by the Landsgemeinde.