CH-NE
1 State - People - Authorities - 16 Judicial Organization - Lawyers and Notaries - 165 Lawyers - CHAPTER ONE General Provisions (BGFA)
Table of Provisions (53)
Statutory Text (53 Articles)
[3] 1 This law governs the issuance and revocation of the lawyer's license.
2. It also regulates the practice of the legal profession within the monopoly it establishes, in accordance with the limits of federal and international law.
1. Only lawyers holding a cantonal license and registered in a cantonal registry, and lawyers who are nationals of a member state of the European Union (EU) and the European Free Trade Association (EFTA Convention) authorized to practice in their state of origin and meeting the conditions set by the Swiss Lawyers Act (LLCA), may be appointed to assist and represent parties before the cantonal courts.
2. Exceptions provided by law are reserved.
The lawyer registered on the official roll of the Neuchâtel Bar may alone use the title of lawyer at the Neuchâtel Bar.
[4] No one may claim the title of lawyer without holding a lawyer's certificate.
**[5] Administrative Commission of Judicial Authorities, the Magistracy Council, and Attorneys of the Neuchâtel Bar by Their Professional Associations Regularly Consult and Inform Each Other.**
[6] The Council of State is the competent authority for
a) adopting the necessary provisions for the implementation of this law;
b) appointing the supervisory authority for female and male lawyers (hereinafter: the supervisory authority);
c) appointing the examination commission for female and male lawyers (hereinafter: the examination commission);
d) designating the competent department;
e) issuing the lawyer's license;
f) determining the various fees and expenses of the chancellery resulting from the application of this law;
g) repealed.
1 The Council of State appoints, at the beginning of each legislative session, the members of the supervisory authority and their deputies.
[7] 1 The Council of State appoints, at the beginning of each legislative period, the chairperson of the examination commission and determines the number of members chosen from among the magistrates of the judiciary, the law professors of the University of Neuchâtel, and the lawyers registered on the official roll of the Neuchâtel Bar.
2. If necessary and upon request of the chairperson of the commission, it appoints one or more extraordinary commissioners.
The department designated by the Council of State assumes the tasks assigned to the State regarding the practice of the profession of lawyer.
The lawyer participates in the administration of justice.
1. The lawyer assists and represents their clients in court.
2. Furthermore, the lawyer advises their clients and executes the mandates entrusted to them for the protection of their interests.
The lawyer is subject to the professional rules established by the LLCA.
1. An attorney registered in a cantonal register of lawyers may, under their responsibility, be represented before the courts or authorities of the canton by a trainee lawyer.
2. This provision extends to the signing of cantonal procedural documents.
The responsibility of the attorney towards their client falls under private law.
[8] To be admitted for attorney-at-law training, one must
a) have completed legal studies sanctioned by a diploma, bachelor’s, or master’s degree issued by a Swiss university, or by an equivalent diploma issued by a university in one of the States that have concluded a mutual recognition agreement of diplomas with Switzerland;
b) not have definitively failed the bar exam in another canton, in another EU or EFTA member state, or in another state;
c) have the exercise of civil rights;
d) not have a criminal conviction for acts incompatible with the legal profession, unless this conviction no longer appears on the private extract of the criminal record;
e) not be in bankruptcy, subject to a moratorium, or affected by a certificate of non-payment;
f) provide evidence of a supervisor or mentor who has been practicing for at least two years.
[9] The internship authorization is issued by the department, which seeks the opinion of the body designated by the University of Neuchâtel to assess the equivalence of foreign diplomas mentioned in Article 14, letter a.
1. As a general rule, the apprenticeship lasts two uninterrupted years. If necessary, the supervisory authority may authorize the apprenticeship to be carried out on a part-time basis by extending its duration accordingly. However, the apprenticeship cannot be undertaken at less than 50% activity rate.
2. It is conducted for at least eighteen months with one or more lawyers registered on the official roll of the Neuchâtel Bar. For the remaining six months, it may be completed with a magistrate of the judicial order, the legal service of the State or a municipality, or another organization approved by the supervisory authority.
3. The supervisory authority may reduce the duration of the apprenticeship by up to six months for those who have engaged in a legal activity beneficial to legal training for at least one year, but the duration of the apprenticeship with a lawyer registered on the official roll of the bar cannot be less than eighteen months.
1. The remuneration of interns by the lawyer falls under private law.
2. The internship with the judiciary of the judicial order or an administration is remunerated by the State, or where applicable by the relevant municipality, according to a rate set by the Council of State or the Municipal Council, after consultation with the supervisory authority.
1. The internship does not commence until the authorization for the internship is issued.
2. It is exclusively dedicated to professional lawyer training.
3. It cannot take place simultaneously with the notary internship.
1. The trainee must attend the training organized by lawyers registered on the official roll of the Neuchâtel bar in the subjects determined by the Council of State, after consultation with the examination committee.
2. The training supervisor ensures that the trainee receives as comprehensive and varied practical training as possible, notably by teaching them professional rules and ethics.
The provisions of the LLCA and the current law on professional rules and the supervision of lawyers apply by analogy to trainees.
[10] 1 At the end of the internship, the department admits to the examination the candidate who
a) Presents the certificates and attestations required by the regulation;
b) Holds either a bachelor's degree in law or a master's degree in law awarded by a Swiss university, or an equivalent diploma awarded by a university of one of the States which have concluded with Switzerland an agreement on mutual recognition of diplomas and furthermore fulfills the other conditions of Article 14.
2. The examination covers the candidate's legal knowledge, both theoretical and practical, and professional skills.
3. On the recommendation of the examination board, the Council of State determines, by regulation, the admission to the examination, its program, its general organization, and the period of sessions.
1. The commission consists of five members, including its chairperson. It always includes two judges from the judiciary, one law professor, and two lawyers registered on the official roll of the bar.
2. In the event of the chairperson's inability to attend, the commission appoints a substitute from among its members.
[11] To obtain the lawyer's license, one must
c) have passed the examination.
[12] 1 The Council of State issues the attorney's license after ensuring that the conditions for obtaining it are met.
2. The issuance of the license is published in the Official Gazette by the State Chancellery.
3. The supervisory authority registers the attorney, who holds the Neuchâtel license, on the list of attorneys.
[13] The supervisory authority may revoke the attorney's license if the conditions for its issuance are no longer met, whether or not the attorney is registered on the official roll of the Neuchâtel bar.
[14] 1 The supervisory authority may, upon request, restore the attorney's license if the conditions for its issuance are met again.
2. It may require the applicant to demonstrate their legal knowledge or professional skills, if necessary, by having them undergo a new examination.
1. The lawyer who meets the conditions set forth in Article 31, paragraph 1, letters a and b, of the Federal Act on the Free Movement of Lawyers (LLCA), submits their written application to the department, accompanied by the necessary supporting documents.
2. After verification and any possible additions, the department makes a decision and, if necessary, forwards the application to the examination commission.
The examination committee establishes the content of the test in accordance with the provisions of Article 31, paragraph 3, LLCA, summons the candidate, and administers the test.
1. For the assessment of their professional skills with a view to their registration in the official bar roll, the lawyer submits a written request to the department, accompanied by the necessary supporting documents.
2. After any necessary verifications and additions, the department makes a decision and, if necessary, forwards the request to the examination commission.
The commission prepares the interview, summons the candidate, and evaluates their professional skills in accordance with the provisions of Article 32, paragraphs 2 and 3, LLCA.
1 The supervisory authority maintains
a) the list of lawyers holding a Neuchâtel license;
b) the official bar roll, which constitutes the cantonal register of lawyers (Art. 5 LLCA);
c) the public register of lawyers from EU and EFTA member states authorized to practice legal representation in Switzerland permanently under their original title (Art. 28, para. 1, LLCA).
2. It decides on registrations, their amendments, and deletions.
1. The supervisory authority publishes in the Official Gazette the registrations, amendments, and removals from the official roll of lawyers and the public register of female and male lawyers.
2. It informs the competent authority of the country of origin about the registrations in the public register of female and male lawyers.
1. The attorney with a professional address in the canton who wishes to practice legal representation must register in the official roll of the Neuchâtel bar.
2. The attorney submits a written application to the department, accompanied by the necessary supporting documents, demonstrating that the legal conditions provided for in Articles 7 and 8, or even Article 30 of the Law on Lawyers (LLCA), are met.
3. After verification and any potential additions, the department forwards the application to the supervisory authority, which makes the decision.
1. The supervisory authority ensures that lawyers comply with the provisions of the LLCA and the present law.
2. It acts ex officio or upon request.
1. When disclosure appears indispensable to the protection of overriding interests, whether public or private, the supervisory authority may authorize a lawyer in writing to reveal a secret.
2. Being released from the duty of professional secrecy does not oblige the lawyer to disclose facts that have been confided to them (Art. 13, para. 1, Swiss Federal Act on the Free Movement of Lawyers).
[15] Judicial and administrative authorities shall promptly communicate to the supervisory authority the absence of a personal condition according to Article 8 LLCA or any facts that may constitute a violation of professional rules.
1. The supervisory authority is competent to initiate disciplinary proceedings and to impose disciplinary measures.
2. It is responsible for the registration or removal of disciplinary measures in the official bar roll.
In the event of disciplinary proceedings against a lawyer registered in another canton or in an EU and EFTA member state, the supervisory authority ensures the transmission of communications and information to the competent authority and cooperates with the latter in accordance with the provisions of Articles 15, 16, 26, and 29 LLCA.
1. An attorney who behaves in an inappropriate manner or employs improper methods is admonished by the authority handling the case.
2. If, during the hearing, the attorney persists in their conduct despite such admonition, the authority may, while safeguarding the rights of the client, withdraw the attorney’s right to speak.
3. If the seriousness of the misconduct requires it, the authority reports the attorney to the supervisory body, without prejudice to the sanctions provided by other laws.
Any person who has a complaint regarding a violation by a lawyer of their professional duties or the provisions of this law may contact the supervisory authority.
1. If the denunciation does not appear to be manifestly unfounded, the supervisory authority informs the lawyer of the allegations made against them and invites them to comment; if necessary, it conducts an investigation.
2. The decision is rendered in writing and notified to the lawyer.
3. The author of the denunciation does not have the status of a party, but is informed of the outcome of the matter.
**1. In the event of a provisional withdrawal of the authorization to practice, or a temporary or permanent prohibition to practice, the supervisory authority shall take the necessary measures to safeguard the clients' interests.**
**2.** It may take the same measures when a lawyer is permanently unable to practice their profession without being able, nor their successors being able, to take the measures required by the circumstances.
**3.** The costs of these measures shall be borne by the lawyer; the State shall advance them as necessary.
1 The attorney is entitled to fees and reimbursement of their expenses.
2. The fees are determined by taking into account the time necessary for the case, its nature, importance, difficulty, the amount in dispute, the result obtained, as well as the responsibility assumed by the attorney and the financial situation of the client.
[16]
Subject to the specific provisions of this law and its implementing regulations, the procedure is governed by the Administrative Procedure Act (APA), dated March 18, 2025 [18].
[19] Decisions made pursuant to this law may be appealed to the Cantonal Court.
[20] Conciliation in disputes related to relationships between lawyers registered with the bar or the public registry and their clients takes place before the supervisory authority for lawyers, in accordance with Article 13 of the Neuchâtel Judicial Organization Act (OJN), dated January 27, 2010 [21].
[23] 1. Whoever has used the title of lawyer without holding an attorney's license or when such a license has been revoked, shall be punished with a fine of up to 40,000 francs.
2. If the public interest so requires, the judge shall order the publication of the judgment at the expense of the convicted person.
[24]
[25]
Law on the Legal Profession (LAv), March 26, 1986 [26], is repealed.
1. This law is subject to an optional referendum.
2. The State Council shall, if necessary, arrange for the promulgation and execution of this law, which comes into force retroactively on June 1, 2002.
Law promulgated by the State Council on August 21, 2002.
The entry into force is set retroactively to June 1, 2002.
TABLE OF CONTENTS