Executive Regulation of the Law on the Legal Profession (RLAv), of May 21, 2003 - Department (RLAV)

[3] The Department of Security, Digitalization, and Culture (hereinafter: the department) is the competent authority to ensure the tasks assigned to the State by the Law on the Legal Profession (LAv), dated June 19, 2002, and its implementing provisions.

The Cantonal Population Service [4] (hereinafter: the service) carries out the tasks assigned to the department.

1. The Supervisory Authority for Lawyers (hereinafter: the Supervisory Authority) executes the tasks assigned to it by federal and cantonal legislation relating to the legal profession.

2. The secretariat of the Supervisory Authority is provided by the service.

3. The members of the Supervisory Authority receive, for each half-day of session, the compensation for attendance and travel as provided for by the decree concerning the attendance and travel allowances of members of administrative, advisory, examination, or expert commissions, dated December 26, 1972 [5].

4. The members of the Supervisory Authority also receive the subsistence allowances provided for holders of public office.

[6] 1 The person who intends to undertake a legal internship must submit a written request to the relevant service, justifying that they meet all legal requirements.

2. The request must be accompanied by

a) a certificate of a license, bachelor's degree, or master's degree issued by a Swiss university, or an equivalent diploma issued by a university from one of the states that have concluded a mutual diploma recognition agreement with Switzerland;

b) a declaration from the applicant confirming that they have not definitively failed the bar exam in another canton, another member State of the European Union (hereinafter: EU) or the European Free Trade Association (EFTA Convention; hereinafter: EFTA), or in any other state;

c) a certificate from the competent authority of their place of residence regarding the exercise of their civil rights;

d) an extract from the criminal record or an equivalent registry extract from the applicant's country of origin;

e) certificates from the offices of debt collection and bankruptcy or the competent authority of the applicant's state of origin stating that they are neither in bankruptcy nor undergoing a debt restructuring moratorium and have no acts of default, since reaching the age of majority;

f) one or more certificates of engagement with principal or supervising attorneys.

3. Foreign applicants must also justify holding a residency or settlement permit.

4. The applicant may be required by the service to provide additional information or documents if necessary.

The supervisory authority revokes the internship authorization

b) if the intern seriously violates professional rules.

Within the limits set by the Aviation Act and the present regulations, the internship supervisor and the intern shall freely determine the start of the internship.

The supervisory authority is competent for any request for suspension of the internship.

[7] 1. When a trainee is, for personal reasons, unable to continue their internship for a period exceeding the equivalent of thirty working days, whether consecutive or not, they shall inform the supervisory authority, which shall decide to what extent the internship must be extended.

2. The reasons to be considered include, notably

d) maternity.

3. The obligation to inform the supervisory authority as soon as possible also lies with the internship supervisor.

[8] The Secretary-General of the Judicial Authorities maintains and makes available to interested parties the list of available internship positions with members of the judiciary of the judicial order.

The status of the intern is determined by the public authority with which he or she is undertaking the internship.

The training of trainee lawyers is the subject of a special decree.

1 The Bar Examination Committee (hereinafter: the Committee) meets upon the summons of its Chairperson.

2. The Chairperson determines its composition for each session, in accordance with Article 22 LAv.

The secretariat of the commission is provided by the service.

[9] 1 Members of the commission shall receive the following allowances

[10] 1. In principle, the commission organizes examination sessions in March, June, September, and November.

2. As needed, the commission has the option to schedule a fifth supplementary session in January.

3. Repealed.

4. If there are not at least five registered candidates for the January session, the session is canceled.

5. Candidates registered for the January session must simultaneously register for the March session in the event the supplementary session is canceled.

[11] 1 The candidate who intends to present themselves for the examination must submit a written request no more than two months before the end of their internship, justifying that they meet the legal requirements.

2. The request must be accompanied by

a) the participation certificates as provided in Article 20;

b) the certificates as provided in Article 4, paragraph 2, letters c, d, and e, if the request is made more than three months after the end of the internship.

3. At the conclusion of their internship, but no later than before the beginning of the examination session, the candidate must send the service the certificates from their internship supervisors attesting to the legal duration.

[12] 1 The application must be submitted to the service at least six weeks before the start of the selected session.

1bis The registration is final and, without a legitimate reason, a candidate who withdraws from the examination or fails to appear is considered to have failed.

2. The number of candidates admitted per session is limited to twelve.

3. Admission is then conducted based on the order of registration.

[13] The examination consists of three written tests and one oral test.

[14] 1. The application must be submitted to the department at least six weeks before the start of the chosen session.

1bis. The registration is final, and unless a legitimate reason is provided, the candidate who withdraws from the exam or fails to appear is deemed to have failed.

2. The number of candidates admitted per session is limited to twelve.

3. A candidate is only admitted to the oral test if at least two of their written works are successful.

4. The exam is common to all candidates, who only have at their disposal the documentation selected by the commission.

5. Each test takes place over a single day, according to a schedule set by the examination commission.

[15] 1. The oral examination starts with a pleading lasting a maximum of 15 minutes, presented before the commission based on a file made available for two hours.

2. The oral examination also includes a test with three equivalent parts (reflection on a legal issue of any kind; rules of civil, criminal, or administrative procedure; standards applicable to the legal profession) lasting at least 30 minutes.

3. The commission evaluates the oral examination as a whole, labeling it as passed or not passed.

4. In case of failure of the oral examination, the success of the written exams remains valid.

[16] 1. The candidate must obtain, during their internship, six certificates of participation, either as a representative of a party or as an assistant to their internship supervisor, at a hearing where they spoke or could have been called upon to do so.

2. At least one of these certificates must relate to an oral argument.

3. The certificates do not pertain to the quality of the intervention. They must originate from at least three different judges or courts and must concern hearings held in at least three different cases.

The examination is not public.

The commission issues the necessary directives for the proper conduct of the examination as needed.

[17] The candidate caught cheating is deemed to have failed the session.

1. At the end of the session, the chairperson of the commission communicates the results of the examinations to the candidates in writing.

2. An examination certificate, signed by the chairperson and a member of the commission, is sent to the service.

3. A copy is immediately handed over to the candidate.

1. The candidate is required to register for the examination within twelve months following the completion of their internship.

2. In the event of failure, the candidate must re-register within six months thereafter.

3. A candidate who has not registered or re-registered within the prescribed period, or who has failed three times, is no longer permitted to take the examination.

4. The deadlines for registering or re-registering for the examination may be extended by the department for valid reasons.

1. After consulting the committee, the service provides the premises, equipment, and documentation necessary for the examinations.

2. It also organizes the supervision of the examinations and sets the remuneration for the supervisors.

3. The candidates supply themselves with the documentation and works indicated by the committee.

The service manages the list of female and male lawyers holding a Neuchâtel license.

Upon request from the supervisory authority, the service proceeds with the necessary registrations.

1. The attorney intending to practice legal representation must submit their application for registration to the official roll of the Neuchâtel bar, providing evidence that they meet the legal requirements.

2. The application must include

a) the name, first name, date of birth, and place of origin or nationality of the attorney;

b) the professional address or addresses and, if applicable, the name of the law firm.

1. The application must be accompanied by

a) a certified true copy of the lawyer's license;

b) the attestations provided for in Article 4, paragraph 2, letters a, c, d, and e;

c) the necessary documents to establish that he or she practices independently; a declaration indicating that he or she has an office open to the public or is employed by individuals themselves listed on the official register of the Neuchâtel bar is deemed sufficient;

d) if applicable, a statement indicating that he or she is employed by a recognized non-profit organization and intends to limit his or her activities to assignments exclusively related to the organization's purpose.

2. The lawyer may be requested by the service to provide further information or to produce additional documents.

Apart from the supporting documents mentioned in Article 30, paragraph 1, the lawyer who is a national of an EU or EFTA member state must also submit with their application

1. The service forwards the request to the supervisory authority, which makes a decision.

2. The decision is notified to the lawyer and to the professional associations of lawyers in the canton.

1. Once the decision has become final and enforceable, the supervisory authority registers the attorney on the official roll of the Neuchâtel Bar, which is maintained by the service.

2. The registration is published in the Official Gazette.

1. The request to consult the official roll of the Neuchâtel Bar Association, as per Article 10, paragraph 1, of the LLCA, is directed to the service.

2. The service informs anyone who requests it whether an attorney is registered and whether they are subject to a prohibition from practicing.

1. A lawyer who is a national of an EU or EFTA member state and intends to permanently practice legal representation under their original title must submit their application for registration on the roll to the relevant authority, demonstrating that they meet the legal requirements.

2. The application must include

a) the lawyer's name, first name, date of birth, nationality, and domicile;

b) their professional address.

The lawyer must establish their status as a lawyer by attaching to their application a certificate of registration with the competent authority of their state of origin. This certificate must not be more than three months old.

The lawyer may be requested by the service to provide additional information or to produce further documents.

1. The service transmits the request to the supervisory authority, which decides.

2. The decision is notified to the lawyer.

1. Once the decision has become final and enforceable, the supervisory authority registers the lawyer in the public register and informs the competent authority of their state of origin.

2. The service manages the register.

The registration on the public register is published in the Official Gazette.

1. The attorney who intends to sit for a competency examination shall submit a written request to the service, justifying that they meet the legal requirements.

2. The request must be accompanied by

a) a certificate proving that they have successfully completed a study program of at least three years at a university and, where applicable, the additional training required beyond this study program, and

b) a certified true copy of the diploma entitling them to practice as an attorney in a member state of the EU or EFTA.

3. The attorney may be requested by the service to provide further information or produce additional documents.

The service transmits to the department, which decides, and, if applicable, refers to the review commission.

The commission determines its composition, in accordance with Article 22 LAv.

1. The commission establishes the content of the examination by applying, by analogy, Articles 17, 18, and 19.

2. It takes into account the subjects that are substantially different from those included in the training framework followed by the lawyer in their state of origin, as well as their professional experience.

The commission summons the lawyer to the hearing.

The aptitude test is not public.

Articles 22 and 26 shall apply by analogy in terms of the procedures for the examination and administration.

[18] Articles 18 and 19 apply by analogy to the assessment of the test.

1 At the end of the examination, the chairperson of the commission shall communicate the results obtained to the lawyer in writing.

2. A certificate of examination, signed by the chairperson and a member of the commission, is transmitted to the service.

3. A copy thereof is handed immediately to the lawyer.

1. The lawyer who intends to undergo a professional competency verification interview must submit their request in writing to the appropriate service, providing evidence that they meet the legal requirements.

2. The request must be accompanied by

a) a certificate from the competent authority confirming that the lawyer has been registered for at least three years with the roll of lawyers practicing under their original professional title;

b) documentation demonstrating that the lawyer has been engaged in effective and regular professional activity in Swiss law, but for a duration of less than three years.

3. The lawyer may be requested by the service to provide additional information or submit further documents.

The service forwards the request to the department, which makes a decision and, if applicable, submits it to the review commission.

The commission determines its composition, in accordance with Article 22 LAv.

The commission summons the lawyer to the interview.

The commission evaluates the professional competencies of the lawyer in accordance with Article 32 LLCA.

The interview is not public.

Articles 22 and 26 shall apply mutatis mutandis to the arrangements for maintenance and stewardship.

The interview is sufficient or insufficient.

1. At the conclusion of the interview, the chairperson of the commission shall communicate the result of the interview to the lawyer in writing.

2. A certificate indicating the outcome of the interview, signed by the chairperson and a member of the commission, shall be transmitted to the department.

3. A copy thereof shall be handed immediately to the lawyer.

[19]

Are repealed

a) the implementing regulation of the Law on the Legal Profession (RELAv), dated December 23, 1998 [20];

b) the provisional implementing order of the Federal Law on the Free Movement of Lawyers (Law on Lawyers; LLCA), dated July 8, 2002 [21].

1. This regulation shall enter into force on June 1, 2003.

2. It shall be published in the Official Gazette and inserted into the Neuchâtel Legislative Compendium.

A candidate who, at the time of the entry into force of this decree, has already commenced an internship, may, in order to qualify for the examination, submit either three certificates of pleadings or six certificates of participation at their discretion. Furthermore, he or she is required to plead before the commission, in accordance with Article 19, paragraph 1, of this decree.