Law on the Legal Profession (AnwG) - Subject Matter (ANWG)

1. This law regulates the practice of the legal profession and ensures freedom of movement in accordance with the Federal Act on the Free Movement of Lawyers (BGFA).

1. This law applies to persons who hold a lawyer's license and represent parties before Thurgau courts or practice as consultants in the canton with the corresponding professional title.

1. The professional representation before the Thurgau courts is reserved for individuals registered in a cantonal attorney register, unless exceptions are provided by law.

1. The Higher Court, after consulting the competent department of the government council, the administrative court, the appeals commission in attorney matters, the attorney commission, and the Thurgau Bar Association, issues the implementing provisions for this law, particularly regarding the proceedings of the attorney commission and the appeals commission in attorney matters, the bar examination, the internship, the aptitude test, and the interview to assess the professional capabilities of nationals of the member states of the European Union (EU).

1. In public notarizations and authentications within the meaning of § 8a of the Introductory Act to the Swiss Civil Code (EG ZGB), the attorneys must adhere to §§ 24 to 34 EG ZGB as well as the associated implementing provisions.

1. Lawyers are liable for their notarization and authentication activities in accordance with the provisions of federal civil law.

1. Recusal is governed mutatis mutandis by federal law and by § 7 of the Administrative Procedure Act (VRG).

2. Office partnerships and employment relationships within the law firm or an attorney-client relationship between a party and the person officiating do not constitute grounds for recusal.

3. Applications for recusal are decided by the Bar Commission.

1. Attorneys shall maintain a register of their notarization and certification activities and shall store the notarization files separately and in an orderly manner. An original document of a disposition mortis causa shall be handed over to the official depository in accordance with Art. 504 and Art. 505 of the Swiss Civil Code (SCC) at the domicile of the testator for safekeeping.

2. Upon cessation of legal practice, the register and notarization files shall be handed over to the successor.

3. In the absence of a successor, the register and notarization files shall be delivered to the notary's office for safekeeping, in whose district the attorney had their place of business.

1. The Lawyers' Commission consists of a president, four members, and three to six substitute members.

2. These are elected by the Executive Council from proposals made by the High Court, the Administrative Court, and the Thurgau Bar Association for a term of office of four years. Balanced representation of court members as well as lawyers must be ensured.

3. Eligible candidates are individuals with a lawyer's license who practice law in the canton or serve as members of a court or an administrative authority.

1. The Lawyer Commission elects the Vice President from among its members and appoints the Secretary.

2. It generally convenes in a quorum of five.

3. Each member is obliged to cast a vote.

4. The Lawyer Commission submits an annual report of its activities to the Appeals Commission for Lawyer Matters.

1. The Bar Commission is responsible for

1. the supervision of lawyers;

2. the admission to the bar examination, the administration of the examination, and the issuance of the bar license;

3. the revocation of the bar license;

4. the conduct of disciplinary proceedings subject to the disciplinary powers of the authorities dealing with the matter;

5. the release from attorney-client privilege;

5a. the decision on a request for recusal;

6. the maintenance of the cantonal lawyer registry;

7. the maintenance of the list of nationals from EU member states who are permitted to permanently represent parties before judicial authorities in Switzerland under their original professional title;

8. the conduct of the aptitude test and the interview to assess professional skills pursuant to Art. 31 and Art. 32 of the Federal Act on the Free Movement of Lawyers (BGFA).

2. Decisions on admission to the lawyer registry and the list pursuant to item 7 are made by the presidency.

1. The Appeals Commission for Legal Matters consists of a president, two members, and two substitute members.

2. These are elected by the Great Council for a term of office of four years.

1. The Appeals Commission elects the Vice President from among its members and appoints the Secretary.

2. It meets in a panel of three.

3. Each member is obligated to cast a vote.

4. The Appeals Commission reports annually on its activities to the Grand Council.

1. The Appeals Commission supervises the administration of the Lawyers' Commission and is the final cantonal authority for appeals against decisions made by the Lawyers' Commission. It possesses judicial independence.

1. The Thurgau attorney's license is granted to anyone who meets the personal requirements according to Art. 8 para. 1 of the BGFA and has passed the bar examination.

1. Eligibility for the Bar Examination is granted to those who possess a completed university degree as per Art. 7 para. 1 letter a of the BGFA and can demonstrate sufficient practical experience lasting at least 18 months.

2. The Bar Examination consists of a written and an oral part. It shall be designed to be practice-oriented; both private law and public law are to be duly considered.

3. Anyone who has been rejected three times due to insufficient knowledge will not be admitted to any further examinations.

4. ...

1. The Presidium of the Lawyers' Commission grants permission to individuals with a completed university degree pursuant to Art. 7 para. 1 lit. a of the BGFA, who are completing the internship required for admission to the bar exam, to appear before the Thurgau courts under the responsibility of a lawyer registered in the Canton of Thurgau or in a canton with which a reciprocity agreement exists. The permission is generally limited to three years.

2. Law partnerships must designate the responsible member of the law firm for each mandate.

3. The competent judicial presidium may allow a lawyer to assign an official mandate to a trainee.

1. The attorney's license shall be revoked if the conditions for issuance are no longer met.

2. If it is to be revoked due to violations of professional rules, another disciplinary measure must generally have preceded it.

1. Articles 31 and 32 of the BGFA apply to the suitability examinations and the interview for the assessment of professional abilities.

2. These suitability examinations and interviews for the assessment of professional abilities are not subject to appeal.

1. The oral bar examinations and aptitude tests pursuant to Article 31 of the Federal Law on the Free Movement of Lawyers (BGFA), as well as the interviews to assess professional skills pursuant to Article 32 of the BGFA, are public.

1. The provisions of Articles 12 and 13 of the Swiss Federal Act on the Free Movement of Attorneys (BGFA) concerning professional rules apply to attorneys.

1. Lawyers are subject to disciplinary supervision in accordance with Articles 14 to 20 of the Swiss Lawyers Act (BGFA).

1. Attorneys must secure a liability insurance policy for their professional activities with a minimum coverage amount of five million francs.

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

2. The Bar Commission obtains a statement from the attorneys concerned regarding the allegations made against them and initiates the disciplinary procedure.

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

1. The Lawyers' Commission investigates the facts and collects the necessary evidence ex officio. It may hear witnesses.

2. The parties involved are to be heard personally. They have the right to inspect the files and to an oral hearing.

3. The decision must be justified in writing.

4. In disciplinary proceedings, the instructing member of the Lawyers' Commission recuses themselves from deliberation and decision-making.

5. Otherwise, the provisions of the Administrative Procedure Act (APA) apply mutatis mutandis.

1. The Lawyers' Commission and the Appeals Commission in Legal Matters levy fees for their decisions in accordance with the Ordinance of the Grand Council on the Fees of Criminal Investigation and Judicial Authorities (VGG).

1. The Higher Court issues the lawyer's tariff for civil and criminal proceedings, while the Administrative Court issues the tariff for administrative court proceedings. The Higher Court also establishes the tariff for public notarizations and certifications. The Department and the Bar Association must be consulted in advance.

1. Fee Agreements Between Attorneys and Their Clients are Permissible Subject to Article 12(e) BGFA.

1. Any person who, without a lawyer’s license, uses the title of a lawyer or any other similar professional designation in any way that is intended or likely to create a misleading impression, shall be fined up to CHF 20,000.

2. Reserved is the designation as a patent attorney.

1. Anyone who engages in an activity reserved for attorneys without meeting the legal requirements in the canton shall be punished with a fine of up to CHF 20,000.

1. Decisions of the Lawyers' Commission and the Presidium of the Lawyers' Commission may be appealed to the Appeals Commission in Lawyer Matters within 20 days.

1. The Lawyers Commission communicates decisions to the Bar Association, against which it has a right of appeal pursuant to Article 6, paragraph 4 of the BGFA.

1. Attorneys who possess a cantonal practicing license at the time of this law's enactment and who manage or are employed at a law firm within the canton shall be registered ex officio and without the imposition of fees in the cantonal register of attorneys.

1. This law shall enter into force at a time determined by the governing council.