Legislator · Canton of Appenzell Innerrhoden — Cantonal Legislation
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Regulations on Examinations for Admission to the Bar - Scope

20 Articles / Provisions · Canton of Appenzell Innerrhoden — Cantonal Legislation
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Table of Provisions (20)

Art. 1 Regulation on the Examinations for Admission to the Legal Profession Art. 2 Regulations on the Examinations for Admission to the Legal Profession Art. 3 Regulation on the Examinations for Admission to the Legal Profession - Election, Composition, Term of Office Art. 4 Regulation on Exams for Admission to the Legal Profession - Responsibilities Art. 5 Regulation on Examinations for Admission to the Legal Profession - Internship Art. 6 Regulation on Examinations for Admission to the Practice of Law - Registration Art. 7 Regulation on Examinations for Admission to the Legal Profession - Examination Dates Art. 8 Regulation on Examinations for Admission to the Legal Profession - Examination Art. 9 Regulations on the Examinations for Admission to the Legal Profession Art. 10 Regulations on the Examinations for Admission to the Legal Profession - Oral Examination Component Art. 11 Regulation on the Examinations for Admission to the Legal Profession - Passing, Failing, Repeating Art. 12 Regulations on the Examinations for Admission to the Legal Profession - Announcement of Examination Results Art. 13 Regulations on Examinations for Admission to the Legal Profession Art. 14 Regulation on Examinations for Admission to the Legal Profession - Admission to the Aptitude Examination Art. 15 Regulations on Examinations for Admission to the Legal Profession - Subject and Procedure Art. 16 Regulations on the Examinations for Admission to the Legal Profession - Admission to the Oral Examination Art. 17 Regulation on Examinations for Admission to the Legal Profession Art. 18 Regulations on the Examinations for Admission to the Legal Profession - Conduct and Repetition Art. 19 Regulation on the Examinations for Admission to the Legal Profession - Appeal Art. 20 Regulation on the Examinations for Admission to the Legal Profession - Entry into Force

Statutory Text (20 Provisions)

Scope and General Provisions

1. The Regulation includes

a) Examination Board;

b) Bar Examination;

c) Aptitude Test according to Art. 31 BGFA;

d) Examination Interview according to Art. 32 BGFA;

e) Legal Protection.

Scope and General Provisions

1. Insofar as these regulations or superior law do not contain specific provisions, the Administrative Procedure Act of the Canton of Appenzell Innerrhoden (VerwVG) dated April 30, 2000, shall apply mutatis mutandis.

Examination Committee

1. The Bar Association appoints an Examination Commission, which consists of a president and at least two additional members. The term of office is four years and is identical to that of the Grand Council.

2. Eligible for election are individuals with a lawyer's license, university graduates with many years of legal professional experience, and professors from Swiss law faculties.

3. The court registry handles the secretariat.

Examination Committee

1. The President of the Examination Commission decides on the admission to the Bar Examination, the Aptitude Test according to Art. 31 BGFA, and the Oral Examination according to Art. 32 BGFA. He/she sets the dates for the examinations.

2. The Examination Commission conducts the Bar Examination, the Aptitude Test according to Art. 31 BGFA, and the Oral Examination according to Art. 32 BGFA.

3. The members divide the responsibility of administering the examination subjects.

Bar Examination

1. Admission to the bar examination is granted only to candidates who have completed a legal internship of at least one year, generally within the canton of Appenzell I.Rh. Equivalent work experience in another canton may be credited in full or in part. In all cases, at least six months must be spent in one of the following positions

a) at the court clerk's office of Appenzell I.Rh.;

b) in the legal service of the administration of the canton of Appenzell I.Rh. (Council Office, Public Prosecutor's Office);

c) with a lawyer registered in the attorney register of the canton of Appenzell I.Rh.

2. Practical work experience obtained after earning a bachelor's degree in law but before obtaining a master's degree in law will be credited at a rate of 50% concerning the internship duration required in paragraph 1.

Bar Examination

1. Applications for the Bar Examination are to be submitted to the Examination Commission with the following attachments, which must be recent

a) Curriculum vitae;

b) Certificate of a law degree pursuant to Art. 7 para. 1 lit. a BGFA;

c) Certificates of the legal internship;

d) Criminal record extract;

e) Debt collection register extract;

f) Certificate of legal capacity;

g) Declaration by the candidate that authorities and private persons are released from official and professional secrecy with respect to the commission to verify the admission requirements and can grant access to the corresponding files.

Bar Examination

1. The Bar Exam is generally held twice a year. The regular sessions are

a) in the spring with a registration deadline of February 1st;

b) in the fall with a registration deadline of August 1st.

Bar Examination

1. The Bar Examination includes a written and an oral examination component covering the entirety of applicable federal and cantonal law, particularly in the following legal areas

a) Constitutional and Administrative Law (including Social Security Law and Tax Law);

b) Civil Law (including Corporate Law, Securities Law, Private Insurance Law, and International Private Law);

c) Civil Procedure Law, Debt Collection and Bankruptcy Law, as well as Law of Attorneys;

d) Criminal and Criminal Procedure Law.

Bar Examination

1. The written examination component comprises two written sub-examinations. One sub-examination is conducted in the field of public law, and the other in the field of civil law. Candidates have a maximum of five hours for each of these sub-examinations.

2. The member of the examination commission responsible for setting the examination tasks determines the resources available to the candidate for solving the respective tasks.

3. The written examination component is deemed passed if both written sub-examinations are collectively assessed as satisfactory.

Bar Examination

1. The oral examination part is conducted by at least two members of the examination committee and lasts a maximum of three hours in total for a candidate.

2. The oral examination part is public.

3. The oral examination part is passed if it is assessed overall as sufficient.

Bar Examination

**1. The candidate has passed the bar exam if both the written and oral examination sections have been passed.**

**2. If only one examination section is passed, while the other is not, the candidate may retake the failed examination section at the next examination date. In special cases, an earlier date may be set for the retake examination. If the retaken examination section is again assessed as insufficient, the bar exam is considered not passed.**

**3. If the candidate does not attend an examination section without prior written withdrawal, the examination section is considered not passed. The withdrawal is considered a complete retraction of the registration. Upon re-registration for the next examination date, an already passed examination section will be credited.**

**4. After failing the bar exam twice, the candidate will not be admitted to any further bar exams for five years.**

Bar Examination

1. The result of the bar examination shall be communicated orally to the candidate by a member of the examination board. A candidate who has not passed the bar examination may request a written decision within five days of the oral communication.

2. The period for filing an appeal begins from the date of the written notification. By waiving the written notification, the candidate simultaneously waives the right to file an appeal.

Bar Examination

1. If the bar exam is passed, the president of the examination committee submits a report to the bar association with the request to issue the candidate the cantonal attorney's license.

2. The issuance of the attorney's license is made based on the request by the president of the bar association.

Aptitude Test

1. Admission to the Qualifying Examination is governed by Art. 31 of the Swiss Federal Act on the Free Movement of Lawyers (BGFA).

2. Applications for admission to the Qualifying Examination must be submitted to the Examination Commission by February 1 or August 1.

3. The application must include

a) A description of the professional career and the acquired professional knowledge;

b) Certificates required under Art. 31 para. 1 BGFA;

c) A declaration by the applicant that authorities and private individuals are released from official and professional confidentiality towards the commission for the purpose of verifying the admission requirements and can grant corresponding access to files.

Aptitude Test

1. The aptitude test is generally conducted in the manner and scope of the bar examination. The provisions regarding the bar examination pursuant to Art. 7 et seq. of this regulation apply mutatis mutandis.

2. Furthermore, the subject matter and administration of the aptitude test are governed by Art. 31 of the Swiss Federal Act on the Free Movement of Lawyers (BGFA).

Review Interview

1. Admission to the oral examination is governed by Art. 30 para. 1 lit. b of the BGFA.

2. The application must include the following attachments

a) Description of the professional career and acquired professional knowledge;

b) Certificates required according to Art. 31 para. 1 of the BGFA;

c) Certificate of entry in a list pursuant to Art. 28 of the BGFA for at least three years;

d) Documentation of activities in Swiss law according to Art. 30 para. 1 lit. b of the BGFA;

e) Declaration by the applicant that authorities and private individuals are released from official and professional confidentiality towards the commission for the review of admission requirements, and can provide corresponding access to files.

Review Interview

1. The examination interview usually takes place on one of the regular dates according to Article 6 of these regulations.

Review Interview

1. The examination interview lasts a maximum of two hours and can be repeated once.

2. Furthermore, the conduct and subject matter of the examination interview are governed by Art. 32 BGFA.

Legal Administration

1. Orders of the Examination Board and its President may be appealed to the Cantonal Commission in accordance with the Administrative Procedure Act.

Final Provisions

1. This regulation shall enter into force immediately and shall apply to pending proceedings.

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