Ordinance on the Register of Lawyers - Subject and Jurisdiction

1. The regulation governs the management

a) of the cantonal register of lawyers according to Article 5 et seq. of the Federal Act on the Free Movement of Lawyers (BGFA) (Lawyers' Register);

b) of the list of members from EU or EFTA member states who are allowed to permanently represent parties before judicial authorities under their original professional title (Art. 27 et seq. BGFA) (EU-EFTA Lawyers List);

c) of the list of persons authorized to represent parties according to § 19 of the Lawyers Act (List pursuant to § 19 AnwG).

2. The Bar Association is responsible for the management of the Lawyers' Register, the EU-EFTA Lawyers List, and the List pursuant to § 19 AnwG. The State Chancellery manages the secretariat (§ 11 AnwG).

1. The application for registration must be addressed in writing to the secretariat. The application must include

a) Name, first name, date of birth, place of origin or nationality;

b) the business address and, if applicable, the name of the law firm.

2. The application must be accompanied by

a) a copy of the attorney's license;

b)* the certificate of establishment or the certificate of legal capacity;

c) the current extract from the federal criminal record;

d) the current extract from the debt enforcement register of the place of residence and the business address;

e) a personal declaration of independent professional practice pursuant to Art. 8 of the BGFA (Swiss Federal Act on the Free Movement of Lawyers);

f) proof of professional liability insurance pursuant to § 10.

3. The secretariat may request additional information and documents.

1. The Bar Association shall order the registration in the attorneys' register if the requirements for registration pursuant to Articles 7 and 8 of the Swiss Federal Act on the Free Movement of Lawyers (BGFA) are met.

2. If a requirement is no longer met, it shall order the deletion.

1. Anyone registered in the lawyer's register is obligated to promptly report in writing to the secretariat any lapse in the requirements for registration and any changes to the registered data.

1. The name, first name, year of birth, and business address of the lawyers registered in the register shall be published in the Solothurn Yearbook (State Calendar) (§ 9 para. 4 of the Attorney Act).

2. This information may also be published in electronic media.

1. The Secretariat grants access to the register of attorneys pursuant to Article 10, paragraph 1 of the Federal Act on the Free Movement of Lawyers (BGFA).

2. It provides information on whether an attorney is registered in the attorney register and whether a prohibition on practicing the profession has been imposed against him or her (Art. 10, para. 2 BGFA).

1. The Bar Association is responsible for the registration of lawyers from EU or EFTA member states in the EU-EFTA Lawyers' List, provided they demonstrate, in accordance with Article 28 paragraph 2 of the BGFA, that they are authorized to practice law in their home state.

2. The EU-EFTA Lawyers' List is public (Art. 28 para. 1 BGFA).

1. Nationals of EU or EFTA member states shall be registered in the lawyers' register if they meet the requirements pursuant to Article 30 paragraph 1 of the Federal Act on the Free Movement of Lawyers (BGFA).

2. The Bar Association may issue directives on how these requirements are to be proven.

**1. The Application for Registration**

The application for registration must be submitted in writing to the Secretariat. The application must include

a) Name, first name, date of birth, place of origin or nationality;

b) business address, and if applicable, the name of the business.

**2. The Application Must Be Accompanied By:**

a) a certificate of residence or a certificate of legal capacity;

b) a certified copy of the diploma for the completion of legal studies at a Swiss university;

c) the current extract from the federal criminal register;

d) a personal declaration of independent professional practice pursuant to § 19, letter d of the Lawyers Act (AnwG);

e) proof of professional liability insurance pursuant to § 10;

f) proof that the concerned person has regularly represented clients on their own responsibility before the Solothurn courts since January 1, 1996 (§ 19, paragraph 1 AnwG).

**3. The Secretariat May Request Additional Information and Documents.**

**4. Sections 3 - 6 Are Applicable Mutatis Mutandis.**

1. The Professional Liability Insurance (Art. 12 lit. f BGFA) must meet the following requirements

a) The insurer is an insurance entity subject to federal supervision;

b) The insured sum is at least 1 million Swiss francs per incident or per year; if several lawyers are insured together (law firm insurance), the insured sum per year must be at least 1 million Swiss francs multiplied by their number; for law firm insurances with more than 10 co-insured lawyers, the insured sum per year must be at least 10 million Swiss francs;

c) Any agreed deductible for financial losses cannot be claimed by the insurer against the injured party;

d) The insurance coverage exists for damages caused during the period of professional practice, even if they are only discovered and reported after its termination;

e) The insurance is obliged to inform the secretariat about the suspension or termination of the insurance coverage.

2. For law firms organized as corporations, the insurance coverage according to paragraph 1 must cover both liability claims against the lawyer and those against the company.

1. Section III (§§ 7 and 8) shall come into force by a special resolution of the Government Council.

2. Otherwise, this ordinance shall come into force on January 1, 2001. The right of objection by the Cantonal Council remains reserved.