Ordinance on the Attorneys' Tariff - Scope

1. This Regulation governs compensations for legal assistance and representation by attorneys in civil, criminal, and administrative court proceedings.

1. The regulation applies to both the authorities and the lawyers; in particular, the official decision on costs is binding for the parties involved.

2. An agreement on remuneration based on time expenditure remains permissible in cases other than those provided for in the regulation.

3. Deviations from the compensations according to this regulation are allowed if they are grossly disproportionate to the efforts made.

1. The compensation consists of a fee and the out-of-pocket expenses.

2. Value-added tax is charged as a surcharge.

1. The cost statement includes the calculation bases and the applied regulatory provisions.

2. The authorities determine the compensation at their discretion if no cost statement or an insufficient cost statement has been submitted to them.

1. If the attorney exceeds the median fee, they must justify it in the cost statement.

2. If the authority falls below the median fee, it must justify this in its decision.

1. Bills of costs may be submitted to the Bar Supervisory Commission for review.

2. After obtaining the necessary files and information, the parties may be presented with a proposal for the assessment of compensation.

3. The review is conducted free of charge; in exceptional cases, particularly in instances of abusive invocation of the Commission or clearly exaggerated invoicing, a government fee may be imposed.

4. Arbitration agreements made before the issuance of an invoice are invalid.

1. Fees are determined

a) according to the amount in dispute,

b) on a flat-rate basis, or

c) based on time expended.

1. The Calculation Based on Disputed Amount is Applied in Civil Proceedings and in Administrative Court Claims with a Specific or Determinable Disputed Amount.

1. The average fee consists of a fixed amount and a percentage of the amount in dispute.

2. It amounts to the following for the amount in dispute

a) up to CHF 5,000: CHF 500 + 30.0%

b) over CHF 5,000 up to CHF 20,000: CHF 1,230 + 15.4%

c) over CHF 20,000 up to CHF 50,000: CHF 1,850 + 12.3%

d) over CHF 50,000 up to CHF 100,000: CHF 3,600 + 8.8%

e) over CHF 100,000 up to CHF 500,000: CHF 9,100 + 3.3%

f) over CHF 500,000 up to CHF 1,000,000: CHF 12,600 + 2.6%

g) over CHF 1,000,000 up to CHF 2,000,000: CHF 15,600 + 2.3%

h) over CHF 2,000,000: CHF 37,600 + 1.2%

3. The fee includes pre-litigation efforts and any possible mediation procedure.

1. In summary proceedings, the average fee is reduced to 10 to 50 percent.

2. Article 68, paragraph 1 of the Ordinance on Fees for the Federal Act on Debt Enforcement and Bankruptcy is reserved.

1. The average fee may be lowered or exceeded by up to one quarter to account for special circumstances.

2. Particular circumstances may include, in particular

a) the fundamental importance and complexity of a case,

b) the financial circumstances of the parties involved,

c) the necessary time expenditure,

d) the representation of multiple parties,

e) extraordinary pre-trial efforts.

1. Additional Fees on the Average Fee May Be Charged for

a) participation in an additional proceeding, such as expert instruction, evidence collection, or final hearing,

b) an additional and significant submission demanded or permitted by the authority,

c) an exceptionally complicated process,

d) precautionary measures in the main proceeding,

e) elaborate settlement negotiations.

2. Each individual surcharge amounts to 10 to 40 percent of the base fee. The total surcharges should generally not exceed the base fee.

1. The flat-rate assessment is applicable

a) in matrimonial and family matters and in the area of child and adult protection,

b) in criminal proceedings,

c) before the higher court in administrative matters.

2. In matrimonial and family matters, in the area of child and adult protection, and in criminal proceedings, the lawyer may calculate the fee based on time spent.

1. In matters of marriage and kinship, and in the area of child and adult protection, the fee is a flat rate of CHF 1,200 to CHF 6,500.

2. A surcharge of 10 to 40 percent may be applied for provisional measures.

3. The flat rate includes pre-procedural efforts and any mediation proceedings that may occur.

1. In criminal proceedings, the fee for the defense of the accused or representation of the injured party is set as a flat rate

a) up to CHF 3,000 if the proceedings are concluded through a penal order or order of dismissal,

b) CHF 1,000 to CHF 6,500 if the Cantonal Court decides.

2. The flat-rate fee for representation in court includes efforts in the investigation procedure.

1. In proceedings before the Higher Court in administrative matters, the fee is a flat rate of CHF 1,000 to CHF 10,000.

2. In exceptionally complex proceedings, the fee may be increased by half.

3. Article 8 remains reserved.

1. Within the framework set for a flat fee, the fee is determined by the specific circumstances of the case.

2. The following, in particular, shall be considered

a) the nature and extent of the efforts,

b) the difficulty of the case,

c) the economic circumstances of the parties involved.

1. Calculation Based on Time Expenditure is Applicable

a) in civil proceedings, when a monetary value for the dispute cannot be determined or is difficult to ascertain, and a flat rate is not applicable,

b) * in proceedings before the coercive measures court and the criminal appeals instance,

c) in the case of Article 13, Paragraph 2, as well as in cases for which this regulation does not contain a specific provision.

2. Unnecessary expenditure is disregarded.

1. The average fee amounts to CHF 200 per hour.

2. It may be adjusted by up to a quarter to account for special circumstances.

3. In marital property disputes, it may be increased for claims of

a) over CHF 250,000 to CHF 300

b) over CHF 500,000 to CHF 350

c) over CHF 1,000,000 to CHF 400

1. If the fee was determined based on the value of the dispute or as a flat rate, it amounts to the following for the appellate proceedings

a) in written proceedings, 20 to 50 percent,

b) in proceedings with oral hearings, 40 to 75 percent.

1. In ordinary civil proceedings, the fee for a procedural stage is

a) for the mediation procedure, up to 20 percent,

b) for the exchange of written submissions, up to 75 percent,

c) for the oral hearing, up to 50 percent,

d) for the appellate procedure with an oral hearing, up to 90 percent.

2. In other proceedings, an appropriate reduction is applied.

3. The additional costs of a change of attorney are borne by the client.

1. Disbursements include, in particular, necessary costs for travel, shipping, telecommunications services, and copies.

2. The following may be charged

a) CHF 0.70 per copy,

b) the cost of a first-class train ticket,

c) CHF 0.70 per kilometer for the use of a private vehicle.

3. The costs for copies of one's own submissions, the procurement of professional literature, and the use of legal databases are covered by the fee.

1. The State compensates the free legal assistance and the official defense based on the necessary time expenditure.

2. It reimburses the out-of-pocket expenses.

1. The fee amounts to CHF 200 per hour plus value-added tax (VAT).

2. It is not higher overall than the fee to be determined based on the amount in dispute or at a flat rate[9].

1. The granting of free legal assistance or official defense takes effect as of the date of submission of the application.

2. Efforts made prior to this are generally not compensated.

1. Compensation shall be paid out after the conclusion of the proceedings and proper accounting.

2. The accounting shall detail the time expenditure and expenses individually and substantiate them summarily.

3. In very complex proceedings, partial payments may be made upon special request.

1. Procedures pending at the time of the regulation's entry into force shall be settled according to the previous law.

2. Legal proceedings initiated after the entry into force may be settled under the new law.

3. The compensation for free legal representation and official defense is governed by the law in effect at the time of its approval.

1. This regulation shall enter into force on July 1, 1995.

2. It replaces the regulations of December 2, 1957, regarding the fees of attorneys in court proceedings (Attorney Tariff) and of August 10, 1993, regarding the compensations for free legal assistance and official defense.