Ordinance of the High Court on the Legal Profession (Lawyers Ordinance, RAV) (Anwaltsverordnung, RAV) - Admission (RAV)

1. Anyone wishing to take the examination must submit a written application for admission to the supervisory authority.

2. The application must be accompanied by

a) a certificate of capacity to act from the municipality of residence (Art. 8 para. 1 item a BGFA)

b) a certificate stating that there are no criminal convictions as per Art. 8 para. 1 item b BGFA

c) certificates stating that there are no debt enforcement certificates against the applicant (Art. 8 para. 1 item c BGFA)

d) * a certificate of completion of a law degree as per Art. 7 para. 1 item a BGFA

e) * a certificate of a one-year legal internship in Switzerland (Art. 7 para. 1 item b BGFA). The internship must be completed at least halfway in the Canton of Schaffhausen and focus on judicial and legal practice. The net duration, excluding absences due to holidays, leave, accident, illness, maternity, military service, civil service, civil protection, and similar, is decisive. Practical work in a part-time position is proportionally credited.

3. The documents listed under items a, b, and c must not be older than three months.

4. Re-application for the bar examination can be made at the earliest one year after the written notification of the negative result.

5. Admission to the examination will be denied or revoked if the requirements according to the preceding paragraphs are not or no longer met, or if other facts are or become known that disprove the trustworthiness of the applicant.

1. The application for admission can be withdrawn without explanation until the commencement of the first part of the examination.

2. If the applicant discontinues the examination process after the examination has begun, the exam is considered to be failed.

1. The examination consists of two written and one oral part-examinations.

2. Only those who have passed the two written part-examinations are admitted to the oral examination.

3. The examination shall be conducted within eight weeks from the first part-examination.

4. In the event of a repetition of part-examinations, the examination period is extended accordingly.

1. In a written examination, candidates must compose a paper on public law (constitutional and administrative law or criminal law, at the candidates' choice) and in another examination, a paper on private law (Civil Code and/or Code of Obligations). The examination material also includes the relevant procedural law, including enforcement law, international private law, and international civil procedure law.

2. The supervisory authority determines the aids (legal texts, literature, etc.) that candidates are allowed to use.

3. Anyone who uses unauthorized aids or commits other irregularities has failed the entire examination.

1. Each of the two examinations lasts five hours.

2. If both examinations are qualified as sufficient, the candidates are admitted to the oral examination.

3. If only one examination is qualified as sufficient, the other examination can be retaken no earlier than one month and no later than six months after the notification of the examination result. If the retake is qualified as sufficient, admission to the oral examination will be granted; otherwise, the exam is considered failed.

4. If both examinations are qualified as insufficient, the exam is considered failed.

5. The supervisory authority promptly informs the candidates of the examination result after the completion of both examinations in writing, but without justification.

6. In the case of an unexcused absence from the examination, the examination process is considered completed, and the exam is regarded as failed.

7. If a candidate is not admitted to the oral examination without the possibility of retaking an examination, the decision becomes final unless a written justification is requested within ten days of the written notification of the examination result. In this case, the appeal period begins with the delivery of the justified decision.

1. The oral examination covers the following areas of law

a) Public Law

1. * Civil Procedure Law, including applicable international law

2. Debt Collection and Bankruptcy Law

3. Criminal Law and Criminal Procedure Law

4. Federal and Cantonal Constitutional and Administrative Law, including Procedural Law

5. Fundamentals of Tax Law

6. Fundamentals of Social Insurance Law

7. Attorney Law

b) Civil Law, including applicable international and intercantonal law

1. Civil Code

2. Code of Obligations, including Commercial and Securities Law

3. Cantonal Civil Law

1. The oral examination should not generally exceed two hours in duration.

2. The supervisory authority decides, based on an overall assessment of the written and oral examination performances, whether the bar exam was passed or whether the oral examination can be repeated once, in whole or in specific subjects, no earlier than one month and no later than six months after the written confirmation of the examination result.

3. If the candidate fails the oral examination twice, the exam is deemed not passed.

4. The examination result is announced orally on the day of the examination and subsequently confirmed in writing.

5. In the event of an unexcused absence from the oral examination, the examination procedure is considered concluded, and the exam is deemed not passed.

6. If the supervisory authority declares the exam as not passed due to inadequate examination performance without the possibility of repeating the oral examination, or due to not appearing for the examination, the decision becomes final unless a written justification is requested within ten days from the written announcement of the result. In this case, the legal appeal period begins to run with the delivery of the justified decision.

1. Anyone wishing to take the qualification examination must submit a written application to the supervisory authority.

2. The application must include

a) the certificates required under Art. 31 para. 1 of the BGFA

b) a description of the professional career and acquired professional knowledge

3. If there are doubts about fulfilling the admission requirements, additional certificates may be requested, and further clarifications may be made.

4. Furthermore, § 1 paras. 4 and 5 as well as § 1a of this regulation apply mutatis mutandis to the admission procedure.

1. The aptitude examination is conducted in accordance with the nature and scope of the bar examination. Sections 2 et seq. of this regulation apply mutatis mutandis.

1. Anyone who wishes to be admitted to the examination interview must submit a written application to the supervisory authority.

2. The application must be accompanied by

a) a description of the professional career and acquired professional knowledge

b) a certificate of activity in Swiss law

3. If there are doubts about the fulfillment of the admission requirements, further certificates may be requested and clarifications made.

1. The examination interview primarily covers the specifics of federal and cantonal law.

2. It should generally not exceed two hours in duration.

3. If the outcome of the interview is unsatisfactory, the supervisory authority orders its complete or partial repetition. This repetition takes place no earlier than one month and no later than six months after the written notification of the outcome. If the result is again unsatisfactory, the register entry is denied.

4. In the event of an unexcused failure to appear for the interview, the register entry is denied.

5. For the issuance of the decision, § 6 para. 6 of this regulation applies mutatis mutandis.

1. Anyone who wishes to be registered in the lawyer's register or in the list according to Art. 28 BGFA must submit a written application to the supervisory authority.

2. The applicant must demonstrate that they meet the requirements for registration.

3. The evidence for the requirements according to Art. 8 para. 1 lit. a-c BGFA must not be older than three months.

1. The supervisory authority shall communicate the decision regarding the registration in the Lawyers' Register in writing to the applicants as well as to the lawyer associations entitled to lodge a complaint, and shall publish it in the official gazette for the canton of Schaffhausen.

2. If one of the prerequisites for registration is no longer fulfilled, the supervisory authority shall delete the corresponding entry in the Lawyers' Register.

3. If the lawyer opposes the deletion, the procedure shall be governed by the provisions applicable to disciplinary law.

4. The foregoing provisions shall also apply to deletions from the list pursuant to Art. 28 BGFA and in the directory of previous-law gift patents.

1. The official act may be made conditional upon the payment of an advance for fees and expenses.

1. The Supervisory Authority imposes the following fees

a) * Bar Examination and Qualification Assessment (§§ 1 et seq. RAV)

1. Minimum fee for the entire procedure, without repetitions, including publication: CHF 3,200.00

2. Withdrawal after admission, before the start of the examination: CHF 400.00

3. Termination after one written partial examination: CHF 1,000.00

4. Termination after two written examinations: CHF 2,000.00

5. Surcharge to the fee according to No. 1 for repeating a written partial examination: CHF 1,000.00

6. Surcharge for repeating the oral examination: CHF 300.00-CHF 1,600.00

7. Surcharge for a written explanation of a negative examination result: CHF 600.00

b) * Examination Interview (§§ 9 et seq. RAV)

1. Examination fee, including publication: CHF 2,000.00

2. Withdrawal after admission, before the examination interview: CHF 400.00

3. Surcharge for repetition: CHF 300.00-CHF 1,600.00

4. Surcharge for a written explanation of a negative examination result: CHF 600.00

c) * Registration (Attorney Register, List according to Art. 28 BGFA), inclusion in the Substitute Directory, including publication: CHF 400.00-CHF 1,000.00

d) * Release from Professional Secrecy: CHF 400.00-CHF 1,000.00

e) Other activities not covered by the aforementioned provisions: CHF 300.00-CHF 5,000.00

2. If a procedure is dismissed due to non-appearance at the oral examination, the entire fee is forfeited.

3. In the case of non-appearance at a written partial examination or examination interview, the applicable fee for their conduct may be reduced.

1. The members and the secretary of the supervisory authority shall receive the following remunerations

a) For drafting a written examination task: The rate applicable to two attendance fees of a substitute member of the High Court

b) For participating in a written sub-examination: an attendance fee of a substitute member of the High Court

c) For participating in an oral examination: two attendance fees of a substitute member of the High Court

d) For participating in an oral sub-examination, the rate according to letter c is reduced in accordance with the fractional ratio between the duration of the regular oral examination of two hours and the duration of the conducted sub-examination

e) For participating in other matters of the supervisory authority based on time spent: Self-employed members Fr. 182.00 per hour, others Fr. 150.00

2. ...

1. Upon the entry into force of this regulation, the guidelines of the Supreme Court concerning the conduct of the bar examinations dated October 28, 1977, are repealed. § 16 is reserved.

1. For the administration of bar examinations, the law in effect at the commencement of such examinations shall apply until their completion.

1. Anyone who has failed the bar examination twice under the old law may retake it once under the new law.

2. Anyone who has failed the examination once under the old law may retake it twice under the new law.

1. This regulation shall enter into force on September 1, 2002.

2. It is to be published in the Official Gazette and included in the cantonal legal collection.