Legal Profession Act (Anwaltsgesetz) - Supervision

1. Persons holding a lawyer's patent are subject to state supervision in the exercise of legal activities.

1. The right to professionally represent parties before the criminal investigation authority and court is granted only to individuals who are registered in the cantonal register of lawyers or who enjoy freedom of movement according to federal law.

1. The following are further authorized to represent

a) Association and professional secretaries in labor law disputes before the single judges of the canton and the Higher Court;

b) Trustees with a federally recognized professional examination, higher professional examination, or equivalent training in tax matters, disputes regarding the payment of contributions to social security, and summary proceedings concerning debt enforcement matters;

c) Property managers to represent landlords or lessors in rental or lease matters;

d) Legally competent individuals before administrative authorities as well as in disputes over appraisals and public levies.

2. The court or the criminal investigation or administrative authority may exclude individuals from representation in these cases if it appears necessary for the proper safeguarding of the party's interests.

1. The Examination Commission consists of five members as well as at least three substitute members, who are elected by the Higher Court for a term of office of four years.

2. At least two members of the Examination Commission are lawyers registered in a cantonal register and residing in the canton. The cantonal bar association has the right to propose these members to the Higher Court.

3. The grounds for disqualification under the Administrative Law Act apply to them mutatis mutandis.

1. The examination board conducts the bar examinations according to Art. 7 and 31 of the BGFA, conducts the examination interviews pursuant to Art. 32 of the BGFA, and submits a recommendation to the Higher Court upon their completion regarding the passing of the examinations and the demonstration of professional skills.

1. The supervision of attorneys is exercised by the High Court through a supervisory commission.

1. The Supervisory Commission consists of five members as well as at least three substitute members, who are each elected by the Superior Court for a term of office of four years.

2. At least two members of the Supervisory Commission are attorneys registered in a cantonal register and residing in the canton. The cantonal bar association has the right to propose these members to the Superior Court.

3. The grounds for disqualification under the Administrative Procedure Act apply to them mutatis mutandis.

1. The Supervisory Commission maintains the cantonal register of lawyers according to Article 5 of the Swiss Federal Act on the Free Movement of Lawyers (BGFA) and the public list according to Article 28 BGFA. It is responsible for supervision and disciplinary matters.

2. The Supervisory Commission decides on exemptions from professional secrecy and fulfills other duties assigned to it by the federal law as a supervisory authority.

1. Decisions of the Supervisory Commission may be appealed to the Superior Court.

1. The Supervisory Commission may grant law trainees, who are engaged for training purposes under a person registered in the cantonal attorney register, the temporary professional appearance before the courts of the canton if they meet the requirements under Art. 7 para. 1 lit. a and Art. 8 para. 1 lit. a and lit. b of the BGFA.

2. The Higher Court is authorized to enter into agreements with the competent authorities of other cantons concerning the mutual admission of law trainees. The Supervisory Commission and the cantonal bar association shall be consulted before concluding such an agreement. Any agreements made, amendments, or supplements shall be published.

3. The permit is granted for a maximum of three years.

4. The trainee operates under the supervision and responsibility of the attorney.

5. The permit may be withdrawn if the conduct of the trainee gives rise to justified complaints.

6. A fee of up to CHF 200 can be levied for the trainee attorney permit.

1. Admission to the Bar Examination is granted to those who

a) meet the professional requirements as outlined in Art. 7 para. 1 letter a of the BGFA,

b) meet the personal requirements as outlined in Art. 8 para. 1 letters a to c of the BGFA,

c) demonstrate one year of practical experience, fundamentally in legal practice within the Appenzell Outer Rhodes jurisdiction. The President of the Examination Committee decides on the recognition of practical experience gained outside the canton.

1. Anyone who wishes to obtain the license to practice as a lawyer must submit a written application to the President of the Higher Court and attach the necessary documents.

2. The examination fee amounts to up to CHF 1,000 and must be paid prior to the scheduling of the examination.

3. The examination regulations are stipulated in the Ordinance on the Bar Examination.

1. The Appenzell Ausserrhoden Attorney's License is granted to those who meet the personal requirements according to Art. 8 para. 1 of the BGFA and have passed the bar examination.

1. The High Court shall revoke the attorney's license granted in the canton upon the request of the supervisory commission if any of the conditions for granting the license are no longer met, or if it is subsequently revealed that a condition was not met at the time the license was granted.

2. The procedure shall be conducted in accordance with the provisions regarding disciplinary measures.

1. The Register of Lawyers according to Article 5 of the Federal Act on the Free Movement of Lawyers (BGFA) and the public list according to Article 28 of the BGFA can be maintained in paper or electronic form. Data security must be ensured.

1. The content of the Attorney Register and the public lists is governed by the provisions of the Swiss Federal Act on the Freedom of Lawyers (BGFA).

1. The entry into the cantonal lawyer's register is made when the lawyer demonstrates the existence of the professional or personal requirements pursuant to Art. 7 and Art. 8 of the Federal Act on the Free Movement of Lawyers (BGFA).

2. The evidence for demonstrating the personal requirements must not be older than three months at the time of submission.

3. The new entry of a lawyer in the lawyer's register is published in the Official Gazette.

4. These provisions apply accordingly to the entry in the public list.

5. Lawyers must notify the supervisory commission of any changes to their data in the register.

1. The removal from the register of lawyers and the removal from the public list shall be published in the official gazette.

1. The State Fee Schedule is applied for the preparation and execution of proceedings

a) in civil and criminal cases;

b) in administrative justice, when

1. a court has jurisdiction or when there is a legal claim for the reimbursement of ex officio costs;

2. legal aid has been granted.

1. Upon the request of clients or attorneys, the supervisory commission evaluates the appropriateness of fees in a written procedure.

1. Attorneys are exempt from the duty of confidentiality for the enforcement of fee claims.

1. The provisions of Articles 12 and 13 of the BGFA concerning professional conduct apply to male and female lawyers.

1. Attorneys are generally not permitted to communicate directly in a matter with an opposing party represented by an authorized attorney without the consent of that attorney.

1. Attorneys are required to preserve files for a period of ten years.

2. Attorneys must release entrusted files to the entitled parties upon first request, unless such files may be considered as evidence for contested claims of fees. If the client requires such files, the President of the Supervisory Commission may order that they be handed over to a trustee, who will facilitate their presentation for the client.

1. The Supervisory Commission exercises oversight over the attorneys.

2. The Supervisory Commission imposes disciplinary measures in accordance with Art. 17 of the Federal Act on the Freedom of Movement for Lawyers (BGFA).

3. Notifications regarding a disciplinary measure shall be published in the cantonal official gazette when an overriding public interest necessitates it. A permanent prohibition on practicing the profession shall be published.

1. The Supervisory Commission imposes the following measures against individuals or companies that unlawfully practice or allow the practice of the profession of lawyer, or otherwise violate provisions of this law

a) Warning;

b) Reprimand;

c) Fine up to CHF 40,000;

d) Threat of penalty for disobedience according to Article 292 of the Swiss Criminal Code and filing a criminal complaint.

2. The designation as patent attorney is reserved.

1. Disciplinary proceedings are conducted ex officio or upon report.

2. The supervisory commission initiates the disciplinary proceedings and requests a statement from the affected attorneys regarding the allegations made against them.

3. It may refrain from initiating proceedings if it considers the allegations to be obviously unfounded.

1. The procedure is governed by Art. 14 et seq. of the BGFA. Otherwise, the provisions of the Administrative Procedure Act apply mutatis mutandis.

2. The supervisory commission investigates the facts and collects the necessary evidence ex officio. In particular, it may hear witnesses.

3. Anyone who limits themselves to merely making a report is not involved in the proceedings as a party.

4. The parties shall be heard personally upon request or by order of the presidency.

1. The provisions of Art. 19 of the BGFA regarding limitation periods also apply to persons not registered in the attorney registry.

1. The attorney licenses granted before the entry into force of this Act remain valid.

2. Attorneys who, at the time of entry into force of this Act, possess a cantonal license to practice and operate a law office in the canton are, ex officio and without fees, registered in the cantonal attorney register. The entry is deleted ex officio if the attorney does not submit a confirmation of their independence to the Bar Commission within six months, in accordance with Article 8 paragraph 1 letter d of the Federal Law on the Freedom of Lawyers (BGFA).

3. Attorneys who are neither registered in the cantonal attorney register nor enjoy freedom of movement, and who represent a party in proceedings at the time of entry into force of this Act, may continue the representation until the decision or judgment of the respective instance.

4. For the examination of the conditions for admission to the bar examination, the time of submission of the application is decisive.

1. The Government Council issues the implementing provisions after consulting with the High Court and the Supervisory Commission.

**1. The Regulation on the Bar Examination is amended as follows:**

The amendments were incorporated into the relevant decree.

1. The regulation of November 29, 1956, regarding the legal profession is repealed.

1. This law is subject to the optional referendum.

2. The government council determines the commencement.