Regulations concerning the Bar Examination and Legal Internship - Admission (LFLCA)

1. Admission to the Bar Examination is granted to those who provide evidence of

a. fulfillment of the requirements according to Art. 7 and 8 para. 1 lit. a to c BGFA;

b. * a legal internship of at least one year with a person registered in the bar register, a court, a criminal investigation authority, or a legal service of a cantonal administration, in particular an office, a department, or a staff unit, provided that it is ensured that the intern is under the direct supervision of a lawyer and primarily performs legal work. At least six months of this internship must be completed in the Canton of Obwalden.

2. The bar examination can be retaken twice. Failure in another canton is taken into account.

3. The bar commission decides on admission to the examination.

1. Candidates in the bar examination must demonstrate that they possess the theoretical and practical legal knowledge required for the practice of law. The examination is fundamentally oriented towards the activities of an attorney.

2. The decisive criteria for assessing knowledge are

a. the legal knowledge and reasoning ability;

b. the quality of analyzing facts;

c. the logical and systematic handling of the tasks given;

d. the linguistic abilities;

e. the usability of the work for the client.

1. The subjects to be examined are

a. Federal and cantonal private law;

b. Federal and cantonal civil procedure law as well as debt enforcement and bankruptcy law;

c. Federal and cantonal criminal law and criminal procedure law, including ancillary criminal law;

d. Federal and cantonal constitutional and administrative law, including tax law and social insurance law;

e. Federal and cantonal administrative procedure law;

f. Lawyers' law.

2. The examinations in the individual subjects also include the relevant international law (treaties) and inter-cantonal law (concordats).

1. The examinations are generally held once or twice a year. The Bar Commission determines the examination dates.

2. Applications must be submitted in writing no later than three months before the examination date. The Bar Commission may exceptionally shorten this deadline.

3. The application must include

a. Extract from the criminal record;

b. Extract from the debt enforcement register;

c. Certificate of legal capacity from the municipality of residence;

d. Certificates of academic degree and legal internship;

e. * Declaration of any previous attempts at the bar examination.

4. If there are doubts about the fulfillment of the admission requirements, the Bar Commission may seek additional certifications and conduct inquiries.

1. Cancellations of the bar examination must be submitted in writing to the Bar Commission.

2. In the case of a cancellation up to three weeks before the examination date, one-third of the regular examination fee is forfeited. After this period, the full examination fee is due.

3. Anyone who fails to attend or discontinues the examination due to illness or other important reasons must immediately notify the President of the Bar Commission. The Bar Commission decides to what extent examination results and the examination fee will be credited.

4. In the event of unexcused absence or withdrawal without important reason, the entire examination is considered not passed.

1. The examination consists of a written and an oral part.

2. The written part of the bar examination lasts three times six hours each; the oral part lasts a total of no more than two hours.

1. The written examination is taken before the oral examination.

2. Only those who have passed the written examination are admitted to the oral examination.

1. The written examination consists of three written assignments

a. federal and cantonal private law and civil procedure law as well as debt enforcement and bankruptcy law;

b. federal and cantonal constitutional and administrative law, including tax and social insurance law, federal and cantonal administrative procedure law, and attorney law;

c. federal and cantonal criminal law and criminal procedure law.

1a. The written examinations also cover the relevant international law (treaties) and inter-cantonal law (concordats).

2. The candidate is presented with one or more tasks for each examination subject. The tasks may include the drafting of judgments, reports, legal briefs, contracts, or pleadings.

3. The relevant laws are available for use in the examination. The Bar Commission specifies the reference materials generally available to the candidate for solving the tasks.

4. The written assignments must be composed using the materials provided by the canton.

5. The written assignments are archived.

1. The oral examination shall be taken before three members of the Bar Commission.

2. The oral examination shall be recorded. The recordings shall be destroyed once the examination decision becomes legally binding.

1. The result of the examination is classified as passed with distinction, passed, or not passed.

2. The examination is considered passed if both the written and oral parts are passed.

3. Based on the successful completion of the examination, the attorney's license is granted.

1. Anyone who has not passed the written or oral examination may retake it under the conditions set out in Art. 1 of these Regulations.

2. The Bar Commission may determine that the candidate is required to complete only one or two written examinations if the tasks in the other subjects were well resolved.

3. Credit for a wholly or partially passed written examination is excluded after three years have elapsed.

1. If admission to the bar examination was unjustly obtained through false or incomplete information, or if unfair means were used during the bar examination, the Bar Commission shall declare the examination as failed.

2. Furthermore, the Bar Commission may order that the person concerned is excluded from taking another bar examination for a period of up to three years.

1. The Lawyers' Commission may, by way of exception, recognize a longer-term activity as a lawyer in the judiciary (Art. 1 Para. 1 Letter b) or with a person registered in the lawyers' register as a legal internship, if this ensures adequate theoretical and practical training. In any case, six months must have been completed in the Canton of Obwalden.

1. The Bar Commission decides on the admission pursuant to Art. 5 of the Act on the Practice of the Legal Profession upon application.

2. The application must be accompanied by

a. Extract from the criminal record;

b. Extract from the debt collection register;

c. Certificate of capacity to act;

d. Proof of degree.

3. The temporary permit is granted for a maximum of three years.

4. The trainee is under the direction and responsibility of the attorney.

5. Trainees are under the supervision of the Bar Commission.

6. The Bar Commission may withdraw the permit to represent if the conduct of the trainee gives rise to justified concern.

1. Admission to the Aptitude Test and its Subject Matter are Governed by Art. 31 BGFA.

1. Any person who wishes to take an aptitude test must submit a written application to the Bar Commission.

2. The application must include

a. the certificates required under Art. 31 para. 1 of the Federal Act on the Free Movement of Lawyers (BGFA);

b. * a description of the professional career and acquired professional knowledge;

c. * a declaration regarding any aptitude tests already taken in Switzerland.

3. If there are doubts about the fulfillment of the admission requirements, the Bar Commission may request further certificates and conduct investigations.

1. The application for admission to the aptitude examination may be submitted at any time.

2. After the admission decision is made and the examination fee is paid, the presidency of the Bar Commission determines the examination date.

1. The aptitude examination is generally conducted in the manner and scope of the bar examination. The provisions according to Art. 6 et seq. of this regulation apply mutatis mutandis.

2. The aptitude examination may be repeated twice. Previous examination attempts in other cantons are credited.

1. The admission to the examination interview and its subject matter are governed by Art. 30 para. 1 letter b and Art. 32 of the Swiss Federal Act on the Free Movement of Lawyers (BGFA).

1. Applicants who have been listed in the public register for at least three years (Art. 28 BGFA) may submit a written application to the Bar Examination Commission requesting admission to the oral examination.

2. The application must be accompanied by

a. a description of the professional career and the acquired professional knowledge;

b. a certificate of activity in Swiss law;

c. a statement regarding previously taken oral examinations in Switzerland.

3. Article 16 paragraph 3 of these regulations applies mutatis mutandis.

1. The application for admission to the suitability interview can be submitted at any time.

2. The examination interview usually takes place within two months after the admission decision has been made. The examination fee is to be paid in advance.

1. The examination discussion primarily covers cantonal law, civil procedure law, debt enforcement and bankruptcy law, criminal procedure law, and constitutional and administrative law.

2. It generally lasts two hours and may be repeated once. Previous out-of-canton examination attempts are credited.

1. The examination fee is CHF 1,500.

2. The fee for retaking the oral examination is CHF 500, and the fee for retaking the entire written examination is CHF 1,000.

3. If one exam paper is waived, the fee for retaking the written examination is reduced by CHF 300; if two exam papers are waived, it is reduced by CHF 600.

4. The examination fees must be paid no later than one month before the examination; otherwise, the registration is invalid.

5. Overpaid fees for exams not attended will be credited to the candidate or refunded upon request.

1. The fee for the examination interview is CHF 600.-.

1. Decisions of the Attorney Commission can be appealed to the Administrative Court within 20 days from notification (Art. 21 Law on Attorneys).

1. This regulation shall come into force immediately. It shall be published.

2. The regulation concerning the bar examination and legal internship of August 31, 1999, is hereby repealed.