Act on the Practice of the Legal Profession (AnwG) - Supervision (ANWG)

1. Persons holding a lawyer's patent are subject to state supervision in the exercise of legal activities.

1. Unless otherwise provided by law, only those who are registered in the cantonal lawyers' register or enjoy freedom of movement under federal law are permitted to professionally represent and assist parties before the courts and criminal investigation authorities of Obwalden.

1. The Government Council shall appoint a Lawyers' Commission of five members as well as a secretary for the constitutional term of office. The Lawyers' Commission shall consist of experts from the cantonal judicial, administrative, or investigative authorities, and also lawyers who are registered in the cantonal register.

2. The Government Council shall designate the chairperson.

3. The Lawyers' Commission shall convene in a panel of three.

4. The secretary shall record the minutes of the Lawyers' Examination Commission and draft decisions. He or she shall have an advisory vote.

5. The secretariat shall be designated by the competent department.

1. The Bar Commission maintains the cantonal attorney register pursuant to Art. 5 para. 3 of the Federal Act on the Freedom of Movement for Lawyers (BGFA) and the public list pursuant to Art. 28 para. 2 BGFA. It is responsible for supervision and disciplinary matters.

2. The Bar Commission administers the bar examination and issues the attorney's license.

3. It decides on the passing of the aptitude examination pursuant to Art. 31 BGFA and the oral examination pursuant to Art. 32 BGFA.

4. The Bar Commission decides on exemptions from professional secrecy and performs other duties assigned to it by the federal law as the supervisory authority.

1. The Bar Commission may permit trainee lawyers, who are working for educational purposes with a person registered in the cantonal register of lawyers, to appear professionally before the courts of the canton, provided they meet the requirements of Articles 7 and 8, paragraph 1, letters a to c of the Swiss Federal Act on the Free Movement of Lawyers (BGFA).

2. The temporary license is granted for a maximum of three years.

3. The trainee is under the supervision and responsibility of the lawyer.

4. The license may be revoked if the trainee's conduct gives rise to justified complaints.

1. The Bar Commission grants the attorney's license to applicants who fulfill the requirements according to Art. 7 and 8 para. 1 letter a to c of the BGFA and have passed the bar examination.

2. For admission to the bar examination, applicants must fulfill the requirements according to Art. 7 and 8 para. 1 letter a to c of the BGFA and provide evidence of at least a one-year internship in the administration of justice or with a person registered in the bar register, of which at least six months must be completed in the canton.

3. Anyone who has been rejected a total of three times due to lack of knowledge in Obwalden or other cantons will no longer be admitted to the examination.

1. The Bar Examination consists of a written and an oral part. It is to be designed with a practical focus; private law, public law, and criminal law are to be duly considered.

1. The Lawyers' Commission revokes the attorney license granted in the canton if one of the requirements for issuance is no longer met or if it is subsequently determined that such a requirement was not met at the time of issuance.

2. The procedure is governed mutatis mutandis by the regulations on disciplinary measures.

1. The provisions of Articles 12 and 13 of the Federal Act on the Free Movement of Lawyers (BGFA) apply to lawyers irrespective of their registration in the lawyers' register. Articles 12 letters b and g BGFA do not apply to lawyers who are not registered in the lawyers' register.

2. Lawyers employed by the canton and acting on its behalf are exempt from the obligation to take out professional liability insurance.

1. Upon the request of clients or attorneys, the presiding judge of the court that ruled on the matter shall decide, in a written procedure, on the reasonableness of the fees.

2. ...

1. The Lawyers Register pursuant to Art. 5 BGFA and the public list pursuant to Art. 28 BGFA may be maintained on paper or electronically. Data security must be ensured.

1. The contents of the lawyer register and the public list are governed by the provisions of the BGFA.

1. The registration in the cantonal attorney register is granted if the attorney demonstrates the existence of the professional or personal requirements pursuant to Articles 7 and 8 of the Federal Act on the Free Movement of Lawyers (BGFA).

2. The required evidence for proving the personal requirements must not be older than three months at the time of submission.

3. The initial registration of an attorney in the attorney register is published in the official gazette.

4. These provisions apply accordingly to the registration in the public list.

1. The removal from the register of lawyers and the removal from the public list shall be published in the official gazette.

1. Lawyers are subject to supervision and disciplinary authority regardless of their registration in the lawyers' register.

2. The Lawyers' Commission penalizes violations of the professional rules according to Articles 12 and 13 of the Federal Act on the Freedom of Lawyers (BGFA).

3. It can issue binding directives and impose disciplinary measures on the lawyer.

1. Disciplinary measures pursuant to Article 17 of the BGFA as well as the revocation of the attorney's license may be imposed.

1. Disciplinary proceedings are conducted ex officio or upon notification.

2. The Lawyers' Committee initiates the disciplinary proceedings and obtains a response from the affected attorneys regarding the allegations made against them.

3. It may refrain from initiating proceedings if it considers the allegations to be obviously unfounded.

1. The procedure is governed by Art. 14 et seq. of the Swiss Federal Lawyers Act (BGFA). In addition, the provisions of the Administrative Procedure Ordinance apply mutatis mutandis.

2. The Lawyers Commission investigates the facts and gathers the necessary evidence ex officio. It may, in particular, hear witnesses.

3. Anyone who limits themselves to a mere notification is not involved in the procedure as a party.

4. The parties involved shall be heard in person upon request or by order of the Presidium.

1. The provisions of Art. 19 of the BGFA regarding limitation periods also apply to persons not registered in the attorney registry.

1. If public interests require it, the Bar Commission may inform about the outcome of a disciplinary proceeding.

1. Appeal to the Administrative Court is permissible against decisions made in application of this law or federal law. The Administrative Court also has the authority of discretionary control, except in appeals against examination decisions.

1. Anyone who uses the title of a lawyer or a corresponding professional designation in any way without a lawyer's patent, which is intended or likely to create a misleading impression, shall be punished with a fine of up to CHF 10,000.

2. Reserved is the designation as patent attorney.

1. Anyone who practices legal activities as defined in Article 2 of this law without being registered in the Attorney Register shall be fined up to CHF 10,000.

1. Attorney licenses granted before the entry into force of this law shall remain valid.

2. Attorneys who, at the time this law comes into force, hold a cantonal license to practice and maintain a law office in the canton, shall be registered ex officio in the cantonal attorney register without the imposition of fees. The entry will be deleted ex officio if the attorney does not submit confirmation of their independence, according to Art. 8 para. 1 let. d BGFA, to the Attorney Commission within six months.

3. Attorneys who are neither registered in the cantonal attorney register nor enjoy freedom of movement, and who are representing a party in proceedings at the time this law comes into force, may continue the representation until the decision or judgment of the relevant instance.

4. For the examination of the prerequisites for admission to the bar examination, the time of submission of the application is decisive.

5. At the time of entry into force of this law, the Government Council shall appoint the Attorney Commission for the remainder of the current term in accordance with Art. 3 of this law.

1. The Bar Commission regulates the details concerning the bar examination and legal internship.

2. The Cantonal Council regulates the fees for the bar examination and for the proceedings of the Bar Commission as the supervisory authority by ordinance.

3. The Government Council determines the compensation for the members of the Bar Commission.

1. ...[4]

1. The following are repealed

a. the Law on the Practice of the Legal Profession of March 26, 1999;

b. ...

1. The Government Council determines when this law comes into force. It is subject to an optional referendum.