Ordinance on the Legal Profession (AnwV) - Organization of the Lawyers' Commission (AnwV)

1. The Presidium of the Lawyers' Commission maintains the cantonal register of lawyers and the list of nationals of EU or EFTA member states who are permitted to permanently represent parties before judicial authorities in Switzerland under their original professional title (EU/EFTA Lawyers List).

2. The secretary is responsible for keeping the minutes and drafting the decisions of the Lawyers' Commission.

3. The office of the Lawyers' Commission issues disciplinary certificates and other confirmations.

4. The provisions applicable to the Higher Court apply mutatis mutandis to the compilation of decisions, the organization of files, and archiving.

5. The presidium determines the office personnel.

1. The Presidium conducts the proceedings and takes the necessary measures. It schedules the meeting dates in consultation with the members, circulates the files among the members, and may appoint a rapporteur.

2. The Bar Commission makes its decisions after oral deliberation. Members are obliged to vote. The secretary attends the meetings, except for bar examinations and other examinations, and has an advisory vote.

3. The Bar Commission may decide on the admission to the bar examination and other examinations, the evaluation of written examination papers, the release from attorney-client privilege, and in straightforward cases by way of circular resolution.

4. Recusal is governed by § 7 of the Administrative Procedure Act (VRG). If the recusal must involve the entire body or so many members and substitute members that the Bar Commission cannot be constituted, the Appeal Commission in Bar Matters shall appoint an extraordinary Bar Commission.

1. The provisions of § 1 and § 2 of this regulation apply mutatis mutandis to the organization of the Appeals Commission in legal matters.

2. The provisions concerning the appeal procedure pursuant to the Administrative Procedure Law apply to the proceedings.

1. Admission to the Bar Examination

1. Shall be granted to those who have

1. obtained a university diploma (Doctorate, Licentiate, Master's degree or an equivalent diploma from a country with which Switzerland has agreed on mutual recognition) through legal studies,

2. completed internships of at least 18 months, including at least six months at a district court in Thurgau and at least six months at a law firm in Thurgau. The Bar Commission may wholly or partially count other legal work towards the internship,

3. no certificates of loss,

4. no criminal conviction for actions incompatible with the legal profession, if the record has not yet been expunged,

5. uninterrupted residency in the canton of Thurgau or equivalent professional activity in the canton of Thurgau for at least 18 months at the time of registration, and

6. submitted a written declaration stating that both authorities and private individuals are released from official or professional confidentiality obligations towards the Bar Commission for the purpose of verifying admission requirements and can thus provide access to relevant records or information.

2. The following must be submitted to the Presidency of the Bar Commission with the registration: Curriculum vitae, copy of the university diploma, confirmation of internships, current debt enforcement registry and criminal record excerpt, certificate of residence, as well as the written declaration pursuant to para. 1 no. 6.

3. If the Bar Commission considers the admission requirements to be fulfilled, the Presidency shall set the date and location of the examinations.

4. As far as possible, examination dates shall take into consideration the wishes of the candidates.

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

2. The written examination part generally takes place on two consecutive business days and lasts for half a day each.

3. The oral examination part generally takes place three weeks after the written examination part and is public. It lasts for half a day.

1. The examination components are evaluated as either passed or not passed. There is no grading.

1bis The bar examination is passed by those who pass both the written and oral examination components.

1ter The overall result is announced orally immediately after the oral examination component.

2. Anyone who fails to appear for an examination component without an excusable reason has not passed the bar examination.

3. Anyone who falsifies or attempts to falsify an examination result, or who uses unauthorized aids, has not passed the bar examination.

1. Examination parts not passed can generally be retaken no sooner than after six months.

2. Those who only need to retake one examination part must do so within two years.

3. Those who fail this examination part again must retake the entire bar examination.

4. A person is deemed to be rejected within the meaning of § 12 para. 3 of the Lawyers' Act if they need to retake one or both examination parts.

1. Upon passing the examination, the Bar Commission issues the certificate of competence with a diploma and publishes the issuance of the certificate in the Official Gazette.

1. Examination will cover federal civil law, including commercial and securities law, cantonal civil law, notarial and certification law, private international law, private insurance law, principles of intellectual property law, as well as competition and antitrust law, criminal law, civil and criminal procedural law including the ECHR, debt enforcement and bankruptcy law, constitutional law of the federation and the canton, federal administrative law and cantonal administrative law, including tax and expropriation law as well as planning and construction law, principles of social insurance law, and attorney's law.

1. The legal internship is intended to provide as comprehensive an insight as possible into legal practice. The orientation and deployment of the interns are to be aligned with this training purpose.

2. The internship should cover all areas of civil, criminal, and administrative procedures, as well as legal consultations, as far as possible.

3. The supervising attorney guides the interns, reviews their work, and discusses it with them.

4. The Bar Commission may declare the attendance of courses to be mandatory in connection with the internship.

1. The Lawyers' Commission may conclude reciprocity agreements with the competent authorities of other cantons regarding the admission of trainees to conduct proceedings. Existing agreements shall remain in effect.

1. Admission to the suitability examination is granted to those who submit sufficient evidence of meeting the relevant prerequisites. Furthermore, the following must be submitted with the application: a curriculum vitae, a copy of the university diploma, and certificates of previous legal professional or academic activities.

2. The subjects of the suitability examination are determined by the Bar Commission within the examination fields according to § 8, with an emphasis on areas that significantly differ from those examined in the country of origin. Generally, constitutional and administrative law, civil and criminal procedural law, debt enforcement and bankruptcy law, as well as attorney law are examined.

3. The examination subjects shall be communicated to the candidate at least three months before the examination date.

4. The examination is generally conducted orally.

5. § 6 paragraph 3 shall apply mutatis mutandis.

1. Admission to the interview is granted to those who submit sufficient evidence of meeting the corresponding prerequisites. Additionally, the following must be submitted with the application: a curriculum vitae, a copy of the university diploma, and certificates of prior legal professional or academic experience.

2. The topics of the interview are determined by the Bar Commission within the scope of the examination subjects according to § 8, with an emphasis on the areas of constitutional and administrative law, civil and criminal procedural law, as well as debt enforcement and bankruptcy law. The topics will be communicated to the candidate no later than three months before the interview.

3. If the interview results are unsatisfactory, the Bar Commission may order a one-time complete or partial repetition.

1. Applications for entry into the lawyers' register or the EU/EFTA lawyers' list must be submitted in writing.

2. The documents submitted for the assessment of personal requirements must not be older than three months.

3. With the application, proof of the required liability insurance must be provided. The proof must contain the express obligation of the insurer to immediately inform the lawyers' commission of any suspension or termination of the insurance or any reduction of the prescribed minimum coverage.

1. The liability insurance must be concluded with an insurance institution subject to federal supervision.

2. The minimum coverage of the liability insurance pertains to personal and property damage as well as financial loss.

3. The liability insurance must be structured in such a manner that any agreed deductible for financial loss cannot be claimed by the insurer against the injured party, and the insurance coverage must also apply to damages caused during the period of professional practice, even if they become known and are reported only after its termination.

1. Anyone registered in the Lawyers' Register or the EU/EFTA Lawyers' List is obliged to immediately notify the Lawyers' Commission in writing of the elimination of any registration prerequisite and any changes to the registered data.

2. The President of the Lawyers' Commission is entitled at any time, in case of corresponding uncertainties, to request an extract from the debt enforcement register, a criminal record extract, proof of running a law firm in the canton, a current declaration of professional independence, or current insurance evidence from a lawyer.

1. Legally significant facts and legal relationships that warrant documentation in a public deed due to a legitimate interest and whose legal implications are comprehensible to the notary are to be authenticated.

2. Subject to federal law and the following provisions, the stipulations of the Introductory Act to the Civil Code (EG ZGB) apply to notarization and certification. The provisions of the Ordinance on Land Registry and Notarial Services (GNV) apply accordingly.

3. Attorneys must adhere to professional rules during notarizations and certifications, particularly concerning any potential conflict of interest.

4. For witnesses and other persons involved in the notarization process, the same grounds for recusal apply as for the notary.

5. Legal interns are not authorized to perform notarizations or certifications.

6. Attorneys must deposit a specimen of their signature with the State Chancellery for any necessary apostilles or legalizations.

1. The notary uses a cover sheet for official documents, which is produced on document-suitable, acid-free paper according to the electronic template approved by the Higher Court.

2. For the signature and over the binding, the notary uses a round stamp (notarial stamp). The stamp contains the cantonal coat of arms in the center and the inscription "Official Notary" around it. The designation "Notary" or "Notary Public" or equivalent translations in the stamp and in the signature are not permitted.

3. In the text of the document or certification, the notary may refer to the authentication authority conferred upon them by cantonal law and the pertinent provisions of the Introductory Act to the Civil Code and the Attorney Act. For documents intended for use in foreign-language regions, it may be indicated in the translated text that the notary is vested with notarial functions under cantonal law.

4. Instead of the notarial stamp, embossing stamps or adhesive and paper seals may be used. Their form must correspond to that of the notarial stamp. Embossing seals are not permitted.

5. Facsimile stamps may not be used for the signature.

1. Every public document shall be assigned a serial number (consisting of the year and a number within that year). Multiple copies of the same public document, executed at the same time, shall bear the same serial number. The serial number should also be affixed to the documents belonging to the file collection and recorded in the register.

2. The public document shall be drafted coherently, legibly, and neatly. Uncommon abbreviations should be avoided. Important figures must be written out in words at least once, in addition to being stated numerically. When multiple copies of a public document are prepared, the number of copies must be specified.

3. The document, except for the copy remaining with the notary, must be bound in such a manner that its individual parts cannot be easily separated; appendices that form part of the document should also be attached to it if possible. All pages or parts of the document must bear the notary's seal.

4. The parties involved in the legal transaction are entitled at any time to request copies of public documents at their own expense.

1. Lawyers maintain a notarization register, a certification control, and a document collection.

2. Law firms with multiple attorneys may manage the register, control, and document collection jointly. In doing so, each notarization and certification must be attributable to the notary public handling it.

3. The notarization register and the certification control may be maintained in paper form or electronic form. The document collection, however, is always kept in paper form; public deeds may not be stored solely in electronic format. An annual printout must be made from electronic registers and controls.

4. The notarization register must contain the following information: the case reference number, the personal details of the parties or their representatives, the type of notarized legal transaction, as well as the date and place of the notarization. The notarization register also serves as an index of the stored public deeds.

5. The certification control includes, with a continuous numbering that restarts each year, the date of the certification, the description of the certified document, and the name of the applicant.

6. A chronologically ordered file along with a document index must be placed in the document collection for each notarization transaction. The file contains at least a copy of the public deed with the reference number and, where applicable, other essential documents.

1. The notarization register, authentication control, and document collection are to be permanently retained.

2. Upon transferring the notarization register, authentication control, and document collection to a successor or to the notary office if applicable, a copy of the inventory of the transferred documents must be submitted to the Bar Association.

3. If an attorney departs from the law firm, in the case of § 11h paragraph 2, the documents notarized by them shall remain within the firm.

4. The notary office decides on the inspection of the documents delivered to the notary office.

1. If a lawyer violates their duties during proceedings before an authority, that authority shall take the necessary disciplinary measures within the framework of the procedural rules. If the conduct requires disciplinary actions reserved for the Bar Commission, the authority in question shall report to the Bar Commission.

2. Disciplinary measures imposed by authorities against lawyers must be communicated to the Bar Commission.

3. The debt enforcement offices shall notify the Bar Commission if they issue a certificate of loss against a lawyer.

1. Complaints against attorneys are received by the Bar Commission as notifications.

2. The person who filed the notification is not involved in the further proceedings and has no right to be informed about the outcome of the proceedings. Costs may only be imposed on this person if the notification was submitted maliciously or frivolously.

1. Proceedings relating to the deletion of an entry in the attorney register or in the EU/EFTA attorneys' list ex officio, proceedings concerning the revocation of the attorney's license, as well as proceedings regarding supervisory complaints concerning notarization and certification activities, shall be governed mutatis mutandis by the provisions on disciplinary proceedings.

1. The management of correspondence, the invitation to a hearing, and the consultation of files do not qualify as instruction within the meaning of § 20 paragraph 4 AnwG.