CH-GR
Ordinance on the Assessment of Attorneys' Fees (Fee Ordinance, HV) (Honorarverordnung, HV) - Subject Matter (HV)
Table of Provisions (8)
Statutory Text (8 Articles)
1. This ordinance regulates party compensation for the costs of legal representation in proceedings before courts and cantonal administrative authorities, as well as the fees for free legal representation and official defense.
2. Special statutory provisions remain reserved.
3. In relation to clients, the attorney's fee is determined by the agreement in the specific case or according to the usual rates.
1. The adjudicating instance determines the party compensation for the prevailing party at its discretion.
2. It is based on the amount charged to the party entitled to compensation for legal representation, provided that
1. the agreed hourly rate plus any agreed interest value surcharge is customary and does not include success fees;
2. the claimed expense is reasonable and necessary for the conduct of the proceedings;
3. the demanded compensation does not result in an unjustified burden on the losing party from the nature of the case or the legitimate needs for legal protection.
1. A typical hourly rate is considered to be between 210 and 270 Swiss Francs. The government periodically adjusts this framework to account for inflation.
2. A one-time interest value surcharge, typically in a reasonable proportion to the fee based on time expenditure, should not exceed the following rates
- from CHF 10,000 to 50,000: 500 to 2,500
- from CHF 50,000 to 100,000: 2,500 to 4,000
- from CHF 100,000 to 500,000: 4,000 to 15,000
- from CHF 500,000 to 1,000,000: 15,000 to 20,000
- over CHF 1,000,000: a maximum of 2% of the interest value
3. The interest value is determined analogously according to the procedural rules on the value in dispute.
4. No or reduced interest value surcharge is typically applied
1. in proceedings for the dissolution of marriages and registered partnerships, insofar as the claim does not relate to performances that the spouses or partners personally assert against each other;
2. when the proceeding is resolved by settlement, withdrawal, or acknowledgment.
1. The parties must submit a complete, signed fee agreement at the commencement of the proceedings. Failure to do so may result in the adjudicating instance foregoing the inclusion of the attorney's invoice when determining party compensation.
2. Amendments to the fee agreement are generally recognized only from the time of their submission to the adjudicating instance and only if they do not serve to exploit a procedural situation.
3. The conclusion of secret fee agreements in addition to the submitted fee agreement is prohibited. Violations must be reported to the supervisory commission for attorneys.
1. For the justified expenditure of gratuitous representation and official defense, the attorney shall be granted a fee of 200 Swiss francs per hour, plus necessary out-of-pocket expenses and value-added tax. No additional charges shall be granted. The government shall periodically adjust the hourly rate in line with inflation.
2. If the official defense attorney does not submit an invoice that allows for a comprehensive review of expenses, the compensation shall be set at the discretion of the authorities.
3. Supplementary to these provisions, the special legal regulations in the legislation concerning civil, criminal, and administrative justice shall apply.
1. The Fee for Legal Interns amounts to 75 percent of the Rate for Attorneys.
1. For a proceeding pending before an instance at the time this regulation comes into force, the previous law shall apply until the conclusion before that instance.
1. This Regulation is enacted by the Government.