Act on the Practice of the Legal Profession (Cantonal Lawyers Act, AnwG) - Subject Matter (AnwG)

1. This Law implements the Federal Law on the Freedom of Movement of Lawyers and regulates the representation of parties before the courts and criminal investigation authorities, the acquisition of the lawyer's patent, the practice of the legal profession in the Canton, as well as the supervision of lawyers.

1. The governing council elects the Lawyers' Commission with five members, in which the courts and the lawyers registered in the canton are represented; it designates the presidency and the vice-presidency.

2. The Lawyers' Commission appoints a court clerk of the higher court for the commission's secretariat and one for the deputy position.

**1. The Lawyers Commission is the supervisory authority over lawyers in accordance with the BGFA (Swiss Federal Act on the Freedom of Movement for Lawyers).**

**2. It is specifically responsible for:**

1. maintaining the cantonal lawyers' register and the public list in accordance with the BGFA;

2. conducting supervisory and disciplinary proceedings;

3. making decisions on the release from professional secrecy;

4. administering the bar examination;

5. granting and revoking the lawyer's license;

6. conducting the aptitude test pursuant to Art. 31 BGFA;

7. conducting the suitability interview pursuant to Art. 32 BGFA;

8. making decisions regarding the register entry;

9. initiating the publications required by this law or the BGFA in the Official Gazette.

**3. The Lawyers Commission issues all orders and decrees that are not assigned to another instance by legislation.**

1. The Legal Profession is Practiced by Those Who

1. * Hold a license to practice as an attorney; and

2. * Represent individuals in proceedings before courts, other authorities, or third parties, or provide legal advice, while using the professional title of attorney or counselor or an equivalent designation.

2. ...

3. The professional representation or defense of parties in civil, criminal, and administrative proceedings is governed by Article 70 of the Law on Courts and Judicial Authorities (Court Law, CL)[3].

1. Individuals undertaking training with a lawyer registered in the cantonal attorney register and representing parties in accordance with Art. 70 paras. 1 or 2 GerG require approval from the presidency of the Attorney Commission.

2. Approval is granted if

1. * the requirements according to Art. 7 para. 3 and Art. 8 para. 1 letters a-c BGFA are fulfilled;

2. * it is ensured that the trainee's activities are carried out under the responsibility of the lawyer.

3. The approval is valid for two years. It can be revoked if the behavior of the trainee gives rise to justified complaints.

4. Out-of-canton trainee approvals are recognized if the respective canton grants reciprocity.

1. Lawyers must provide proof of their registration according to the BGFA upon request by the courts and criminal investigation authorities.

2. The courts, criminal investigation authorities, and the Lawyers' Commission may require lawyers providing services from EU member states to demonstrate their legal qualifications.

1. Whoever wishes to acquire the attorney's license of the canton must pass the bar examination.

2. Whoever has passed the examination in the canton is entitled to use the professional title of attorney-at-law.

1. Admission to the Bar Examination is granted to those who

1. * fulfill the requirements pursuant to Art. 7 para. 1 let. a and Art. 8 para. 1 let. a - c BGFA;

2. * have typically engaged in full-time practical legal work for 12 months in Switzerland with an attorney registered in the cantonal attorney register according to the BGFA, or within the judicial system; and

3. * possess Swiss citizenship or legally reside in Switzerland with permission for self-employment.

2. The practical work according to para. 1 no. 2 must be carried out for at least six months with an attorney and at least six months within the canton.

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1. The candidate must demonstrate in the bar examination the legal knowledge required for the practice of the legal profession.

2. The bar examination consists of a written and an oral examination.

1. The Bar Commission evaluates both the written and oral examinations as either "passed" or "not passed".

2. If the written examination is not passed, the bar examination is considered not passed. Admission to the oral examination is granted to those who have passed the written examination.

3. The bar examination is considered passed if both the written and oral examinations are evaluated as "passed".

1. The candidate may retake the failed oral examination once within one year.

2. A failed bar examination may be repeated.

3. ...

1. Upon passing the examination, the Bar Commission issues the attorney's license.

2. The issuance of the attorney's license is to be published in the official gazette.

1. Fees are charged for the administration of the bar examination. They must be paid in advance.

2. Reexaminations are subject to fees.

1. The holder of the lawyer's license may declare in writing to the Lawyers' Commission their intention to renounce the lawyer's license.

2. The Lawyers' Commission shall refuse to accept the renunciation if a temporary or permanent prohibition on practicing the profession pursuant to the BGFA is imminent.

1. The Lawyer Commission shall revoke the attorney's license from the holder if

1. the personal requirements according to Art. 8 BGFA are no longer fulfilled; or

2. a temporary or permanent professional practice prohibition according to BGFA has been imposed on the holder.

1. The Lawyers' Commission may reissue the attorney's license in the event of a renunciation, provided that the personal requirements according to Art. 8 of the Federal Act on the Free Movement of Lawyers (BGFA) are fulfilled.

2. It may require a complete or partial repetition of the bar examination if there are doubts about the professional abilities for the attorney's license.

1. Lawyers are obliged to take preparatory actions in the event of their death or permanent incapacity, so that ongoing engagements can be continued in such cases.

2. If no preparatory actions have been taken and the business operations cannot be continued through substitution, the Lawyers' Commission appoints a lawyer to carry out ongoing engagements in the interest of the clients and to wind up the law practice, while maintaining professional confidentiality. The lawyer acts on their own responsibility but on the account and at the expense of the law firm being wound up.

1. The Lawyers' Commission maintains the lawyers' register in accordance with Art. 5 of the Swiss Federal Act on the Free Movement of Lawyers (BGFA) and the public list in accordance with Art. 28 BGFA.

2. The necessary documents for proving the personal prerequisites under Art. 8 BGFA must not be older than three months at the time of submission.

1. The registration in the Lawyers' Register shall be published in the Official Gazette based on Art. 6 of the Swiss Federal Act on the Free Movement of Lawyers (BGFA).

1. Cantonal and municipal judicial and administrative authorities shall promptly report to the Bar Commission any incidents

1. that give rise to the suspicion that a lawyer has violated professional rules or other provisions of this Act or the Swiss Federal Act on the Free Movement of Lawyers (BGFA); or

2. which may result in the deletion from the bar register, the list according to Article 28 BGFA, or the lawyers' directory, or the revocation of the attorney's license.

2. The Bankruptcy and Enforcement Office shall immediately report to the Bar Commission if a certificate of loss is issued against a lawyer.

3. The Public Prosecutor's Office shall immediately inform the Bar Commission when criminal proceedings for a crime or intentional offense are initiated against a lawyer. It shall also inform the Bar Commission of the final and legally binding decision of such criminal proceedings.

4. Additionally, the reporting obligation pursuant to Article 15 BGFA applies.

1. Irrespective of an entry in the lawyers' register or in the public list, the professional rules according to Art. 12 and the professional confidentiality according to Art. 13 BGFA apply to independent and autonomous attorneys; they are subject to supervision and disciplinary law.

1. The Lawyers' Commission may issue binding directives and impose disciplinary measures.

2. It may, on its own initiative, examine whether a lawyer meets the personal requirements pursuant to Article 8 of the Federal Act on the Free Movement of Lawyers (BGFA).

1. The procedures, measures, limitation periods, and cancellation of disciplinary measures are governed by the provisions of the BGFA as well as the legislation on administrative justice.

2. The imposition of a temporary or permanent professional practice prohibition according to Article 17 paragraph 1 letters d and e of the BGFA is to be published in the Official Gazette.

1. The Legal Commission initiates the disciplinary proceedings ex officio or based on a complaint.

2. It may refrain from opening proceedings if it deems the allegations to be obviously unfounded.

1. Official fees shall be charged for all administrative actions related to the enforcement of this law, particularly for objection procedures.

2. The government council shall regulate the fees.

1. Whoever gives cause for an official act or a proceeding shall bear the costs, subject to paragraph 2.

2. In disciplinary proceedings, the allocation of costs is governed by Articles 426-428 of the Swiss Code of Criminal Procedure (StPO).

1. An objection may be raised against orders.

2. An appeal against objection decisions may be lodged with the administrative court. The administrative court does not have discretionary control over appeals against examination decisions.

1. A fine of up to 20,000 francs will be imposed on anyone who

1. practices the profession of a lawyer without being authorized to do so;

2. uses the professional title of lawyer or an equivalent designation without possessing a lawyer's license or being authorized to use this professional title pursuant to Art. 11 and 33 of the Federal Act on the Free Movement of Lawyers (BGFA);

3. uses another legal professional designation without being authorized to do so pursuant to Art. 11, 24, 27 para. 2, and 33 BGFA;

4. falsely claims to be registered in the lawyer's register in business transactions.

2. ...

1. The Executive Council issues the provisions necessary for the execution of this law as well as regulations regarding

1. the content and administration of the bar examination;

2. the content and administration of the suitability examination pursuant to Art. 31 BGFA as well as the suitability interview pursuant to Art. 32 BGFA;

3. the amount of the fees.

1. Attorney licenses granted before the enactment of this law shall remain valid.

2. Attorneys who, on June 1, 2002, hold a cantonal license to practice law and operate a law firm within the canton shall be registered in the attorney register without fees and through a simplified procedure. The Attorney Commission shall regulate the procedure.

3. Attorneys who are not registered in the cantonal attorney register, do not enjoy freedom of movement, and are representing a party in legal proceedings at the time this law comes into effect, may continue the representation until the decision or judgment of the relevant instance.

1. The Act of April 28, 1968, on the Organization and Procedure of the Courts (Court Act) is amended as follows: ...

1. The Act of October 20, 1999 on Civil Procedure (Code of Civil Procedure) is amended as follows: ...

1. The Regulation of April 8, 1972, on the Contractual Representation of Parties before the Courts (Attorney Regulation) is repealed.

1. This law is subject to the optional referendum.

2. The government council shall determine the date of commencement.