Kanton Glarus

Principle

1 This Regulation governs the content and conduct of the Bar Examination, the administration of the aptitude test, and the interview for assessing professional qualifications under the Federal Act of June 23, 2000 on the Free Movement of Lawyers (BGFA).

1. Bar Examination

Examination Dates

1 The examinations take place twice a year, in spring and autumn respectively. The oral examination takes place at the earliest two weeks after the dispatch of the written notification of the decision regarding admission to the oral examination.

2 The Bar Commission determines the registration and examination dates and announces them in the Official Gazette of the Canton of Glarus.

Admission to the Examination

1. Candidates who wish to pass the examination for obtaining the Glarus Bar Examination Certificate must register in writing with the Presidium of the Bar Examination Committee of the Canton of Glarus (Bar Examination Committee), which decides on admission.

2. Late applications will be noted for the subsequent examination date.

Conditions

1 The application must be accompanied by the following documents, which confirm the fulfillment of the admission requirements

a. a certificate of completion of a law degree in accordance with Article 7 BGFA;

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b. confirmations of the completed traineeship or other creditable professional activity in accordance with Article 5 hereinafter, whereby this activity must not have occurred more than five years ago;

c. a certificate of capacity to act;

d. an extract from the criminal record;

e. an extract from the debt enforcement register;

f. a written declaration that authorities and private individuals are released from their official and professional secrecy towards the Bar Commission for the purpose of verifying the admission requirements.

2 Anyone who fulfills the admission requirements according to the preceding paragraph 1 letters a and b at the time of their first registration will also be admitted to any repeat examinations, provided these are taken within five years of failing the first examination.

Practical Activity

1. After completing their studies, the applicant must engage in a full-time legal activity for at least one year with the courts of Glarus or with a person registered in the Canton of Glarus's bar register. When calculating this one-year period, absences, particularly those due to illness, accident, military service, or holidays, must be deducted.

2. The President of the Bar Commission may credit, in whole or in part, legal activity performed on a part-time basis in accordance with paragraph 1. Furthermore, they may credit, in whole or in part, practical legal activity performed outside the Canton of Glarus or full-time or part-time activity within the administration or the public prosecutor's office (Verhöramt) of the Canton of Glarus, or activity with the legal departments of companies. However, activity outside the canton may be credited for a maximum duration of four months.

* **Form of the Examination**

1 The bar examination is divided into a written and an oral examination.

Examination Material

1 The examination material comprises

a. federal and cantonal public, constitutional and administrative

law, including procedural law;

b. federal (Civil Code, Code of Obligations, Private International Law Act) and cantonal private law;

c. civil procedure law (incl. court organization law);

d. debt enforcement and bankruptcy law;

e. criminal and criminal procedure law, as well as road traffic law;

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f. social security law, as well as federal and cantonal tax law;

g. lawyer's law;

h. important intercantonal and international agreements.

Conduct of the Written Examination

1 The written examination is conducted as a closed-book examination. It com-

prises the preparation of one or more papers, whereby the task may ex-

tend across various legal fields according to Article 7. *

2 Eight hours are available for the closed-book examination. *

3 For the written papers, applicants will generally be provided exclusively with

official text editions of the relevant federal and cantonal enactments.

* **Grading and Admission to the Oral Examination**

¹ Upon request of the examiners, the Bar Commission definitively sets the grade for the written examination. If this grade is less than 4.0, the applicant will not be admitted to the oral examination and the examination is considered failed.

Conduct of the Oral Examination

¹ The oral examination covers the examination material in accordance with Article 7 and lasts a maximum of two hours. Candidates are generally examined individually.

² Changes to the examination material or the examination procedure must be communicated as early as possible, but no later than with the written notification of the decision on admission to the oral examination.

³ The oral examination may be recorded with technical aids.

* **Assessment**

1. The performance in the written examination and the performance in the oral

examination shall be assessed by the Bar Commission as follows

a. Grade 6: very good,

b. Grade 5: good,

c. Grade 4: satisfactory,

d. Grade 3: unsatisfactory,

e. Grade 2: weak,

f. Grade 1: very weak.

Half grades are permissible.

2. The examination is passed if the average of the grade for the

written examination and the grade for the oral examination is at least

4.0.

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* Opening of Examination Results

1 The grade for the written examination and the overall examination result will be communicated to the applicants in writing.

Granting of the Attorney's Patent

1 The granting of the attorney's patent after passing the examination is governed by Article 9 of the Attorneys Act.

### Repetition of the Examination

1. Anyone who has failed the examination may re-register for the next regular examination date.

2. Anyone who has failed the examination but achieved a grade of at least 4.5 in the written examination is exempt from repeating this part of the examination on the next attempt. *

3. After three failures, an applicant will no longer be admitted to a further examination. Withdrawal without an excusable reason after the start of the examination counts as a failure.

Use of Unauthorised Aids

1. In the event of misconduct during examinations, particularly in cases of examination fraud or attempted examination fraud, the bar examination shall be deemed not to have been passed. The Bar Commission shall decide upon application by the rapporteur.

2. A renewed application for admission to the examination shall only be permissible after a period of three years has elapsed.

**2. Aptitude Test and Interview**

Aptitude Test

1 Admission to the aptitude test is governed by Article 31 BGFA. The provisions of Section 1 of these Regulations apply by analogy to the conduct of the aptitude test.

2 The following must be enclosed with the application for the aptitude test

a. a description of the applicant's professional career and acquired professional knowledge;

b. certificates in accordance with Article 31 paragraph 1 BGFA;

c. a written declaration that authorities and private individuals are released from their official and professional secrecy vis-à-vis the Bar Commission for the purpose of verifying the admission requirements.

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### Examination Interview

1. Admission to the examination interview is governed by Article 30 BGFA. The conduct of the interview for assessing professional skills is governed by Article 32 BGFA. The provisions of Section 1 of these Regulations apply by analogy.

2. The following must be enclosed with the application for the examination interview

a. a description of the professional career and the professional knowledge acquired;

b. certificates in accordance with Article 31 paragraph 1 BGFA;

c. a certificate of entry in a list in accordance with Article 28 BGFA for at least three years;

d. proofs of activity in Swiss law in accordance with Article 30 paragraph 1 letter b BGFA;

e. a written declaration that authorities and private individuals are released from their official and professional secrecy towards the Bar Commission for the purpose of verifying the admission requirements.

3. Fees

Lawyer Examination

1 The fee for the lawyer examination and the issuance of the lawyer's license

is 2000-5000 Swiss francs.

Suitability Test and Examination Interview

1 The fee for the suitability test according to Article 31 BGFA and for the

interview for the examination of professional skills according to Article 32 BGFA

is 1500-4000 Swiss Francs.

Fixing of Fees

1 When fixing fees, the costs incurred must be taken into account.

2 In the event of withdrawal or rejection of an application for admission, the fee may be

reduced to one-tenth.

3 Fees must be paid in advance.

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4. Legal Protection and Transitional Provisions

Appeals

1. To the extent that this Regulation or superior law does not contain special provisions, the Law of 4 May 1986 on Administrative Justice²) shall apply mutatis mutandis.

Presidential Orders

1 Objections against orders of the Presidium of the Bar Commission may be filed with the Bar Commission within ten days.

Entry into Force, Repeal of Previous Law

1 This Regulation comes into force on May 1, 2007, and shall apply for the

first time to the bar examination to be held in autumn 2007.

2 It shall also apply to repeat examinations for candidates who have not

passed an examination under previous law and wish to repeat it after

this Regulation comes into force.

3 With the entry into force of this Regulation, the Regulation of the Administrative

Commission of the Courts of the Canton of Glarus of March 14, 1991,

concerning the bar examination, is hereby repealed.

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