Act on Lawyers (Anwaltsgesetz, AnwG) (ANWG)

1. This statute regulates the practice of the legal profession in the Canton of Solothurn.

1. A person is entitled to represent parties before the courts of the Canton of Solothurn and the public prosecutor's office if they are registered in the cantonal register of lawyers or enjoy freedom of movement under federal law.

2. Occasional party representation is also permitted for other legally competent persons.

1. Any legally competent person is entitled to represent parties before the Insurance Court, the Tax Court, the Cantonal Assessment Commission, and other specialized administrative courts. In labor law disputes under the simplified procedure, qualified representatives of an employee or employer organization are also admitted as party representatives. In summary procedures concerning the rental and leasing of residential and commercial premises, qualified representatives of a tenant or landlord organization or a property management company are also admitted.

2. Otherwise, party representation is governed by Article 68 and Article 204, Paragraph 3 of the Swiss Code of Civil Procedure, as well as Article 127 of the Swiss Code of Criminal Procedure.

1. In cases under Section 2, paragraph 2, and Section 3, the court may exclude persons from party representation if it appears necessary for the proper protection of the party's interests.

1. Anyone who is registered in the Lawyers' Register or enjoys freedom of movement under the federal law is subject to state supervision.

1. The Government Council grants the patent as a lawyer to individuals who have passed an examination.

1. The bar examination is administered by the Legal Examination Commission.

2. The Legal Examination Commission consists of 5 members and 5 substitute members, including two attorneys registered in the Solothurn Bar Register who practice law in the canton.

3. The government council elects the president, the vice president, the other members, and the substitute members. Extraordinary representations are designated by the competent department.

4. The government council regulates the admission requirements, the necessary internship, and the examination in an ordinance.

1. The canton and the lawyers registered in the cantonal lawyer register shall jointly ensure the provision of internship positions.

2. The lawyers registered in the cantonal lawyer register may be required to accept and train legal interns.

3. The government council shall regulate the details by ordinance.

1. Anyone who meets the professional and personal requirements according to federal law may register in the cantonal bar register.

2. The cantonal government council regulates the requirements for professional liability insurance in an ordinance.

3. The registration in the cantonal bar register and the deletion of the register entry are published in the official gazette.

4. The name, first name, year of birth, and business address of the attorneys registered in the register are periodically published.

1. An employee of an attorney receives, upon the request of said attorney, authorization from the competent department to represent parties before the courts of Solothurn during and after the completion of their legal internship. The authorization is granted for a maximum period of 4 years from the commencement of the legal internship, provided that the employee is included in the professional liability insurance.

2. The employee is subject to supervision under this law. His or her procedural actions are attributed to the attorney.

1. The supervisory authority is the Bar Association.

2. The Bar Association consists of 5 members and 5 substitute members, of which 2 each belong to the Solothurn courts, 2 each are registered in the cantonal attorney register, and one each is professionally qualified but not registered in any attorney register and not active in a court or law enforcement agency.

3. The government council elects the president, the vice president, the other members, and the substitute members. Extraordinary representations are appointed by the competent department.

3a. The Solothurn Bar Association has the right to propose candidates for those registered in the cantonal attorney register, while the Court Administration Commission has the right to propose candidates for the members belonging to the Solothurn courts.

4. The competent department manages the secretariat; the secretary has an advisory vote.

1. The Bar Association performs the tasks assigned by federal law to the supervisory authority.

1. The President shall decide on

a) Registration in the lawyers' register;

b) Deletion from the lawyers' register or from a legally designated list upon request or in the event of death;

c) Applications for exemption from the professional secrecy obligation of lawyers, submitted solely for the purpose of asserting claims for fees;

d) Provisional measures in cases of urgency;

e) Dismissal of proceedings.

2. He or she may refer cases of fundamental significance to the Bar Association for decision.

1. To be able to negotiate and deliberate validly, the Bar Association must be complete.

2. The deliberations are confidential.

3. The Bar Association can make decisions by circulation if a written and substantiated request is present; if not all members agree with the request, an oral deliberation takes place.

1. Unless otherwise stipulated, the provisions of the Act on Legal Protection in Administrative Matters shall apply to the procedure.

1. The courts and administrative authorities of the canton shall promptly report to the Bar Association any incidents that may result in the revocation of the requirements for registration in the lawyers' register under federal law or that could violate professional rules. In particular, they shall report

a) the courts: the criminal conviction of a lawyer, insofar as the conviction is recorded in the criminal register;

b) the debt collection offices: the issuance of certificates of loss against a lawyer.

1. The Bar Association shall act ex officio or upon notification.

2. ...

3. The President shall inform the attorney of the allegations made against him or her and set a deadline for a written response.

4. The Bar Association shall decide, upon the motion of the President, to initiate disciplinary proceedings. In minor cases, it may refrain from initiating proceedings; this decision shall also be communicated to the notifier.

1. The Bar Association establishes the facts ex officio.

2. The president or a member designated by him or her conducts an instructional procedure.

3. For the recording, the submission of evidence requests, the examination of witnesses, as well as the rights of presence during evidence collection, the provisions of the Swiss Code of Criminal Procedure apply mutatis mutandis.

1. Upon conclusion of the instruction proceedings, a public hearing may be ordered at the request of the attorney or ex officio. This hearing shall be public at the request of the attorney unless overriding interests oppose it.

2. Procedural costs and compensations are imposed or awarded according to Articles 416-432 of the Swiss Criminal Procedure Code. The informant may be required to pay the procedural costs and compensation to the attorney if the report was made willfully or with gross negligence. The bar association determines the compensation as a flat rate. If this compensation is not or is likely not to be recoverable, the attorney shall be compensated by the canton. Upon payment, the claim transfers to the canton. This loss liability is limited to two years from the final, binding decision.

3. The informant shall be informed about the outcome of the proceedings.

4. The practice prohibition shall be published in the official gazette.

1. Unless otherwise stipulated, the provisions of the Act on Legal Protection in Administrative Matters shall apply to the procedure.

1. Decisions of the Bar Association may be appealed to the Administrative Court.

2. The complainant may also appeal the decision by which the Bar Association refrains from initiating proceedings (§ 13 para. 4).

1. Whoever, without possessing a lawyer's license, assumes the title of attorney-at-law or barrister, lawyer or counsel, is subject to a fine of up to 20,000 Swiss Francs, and upon repeat offenses, up to 100,000 Swiss Francs.

2. Whoever unlawfully represents parties in a professional capacity before authorities is subject to a fine of up to 20,000 Swiss Francs, and upon repeat offenses, up to 100,000 Swiss Francs.

1. Anyone who does not meet the requirements under § 2 paragraph 1 of this law and represents a party in a proceeding pending on January 1, 2001, may continue the representation until the decision of the respective instance.

1. Representation of Parties Before Solothurn Courts

Any person is also authorized to represent parties before the courts of Solothurn who, during the last 5 years prior to the entry into force of this law, has regularly represented parties before Solothurn courts on their own responsibility and who

a) is legally competent;

b) has completed a law degree at a Swiss university;

c) has not been criminally convicted for actions incompatible with party representation and whose entry in the criminal record has not been deleted;

d) is capable of exercising party representation independently;

e) has taken out the required professional liability insurance.

2. Upon request, the Bar Association verifies whether the requirements under paragraph 1 are met and enters the applicant into a list. The application can be submitted within one year from the entry into force of this law.

3. Anyone listed is subject to state supervision under this law. For the publication of the entry in the list, § 9 applies, and for access to the list, Article 9 of the Federal Act applies.

1. The amendments have been incorporated into the respective decrees.

1. The Law on the Examination of Advocates, Notaries, and Court Clerks of March 5, 1859, is repealed.

1. This law shall enter into force on January 1, 2001.

2. The government council is entrusted with the execution.