Tariff of Attorneys' Fees in Civil and Criminal Matters (AnwT) - Scope and Subject Matter (AnwT)

1. This ordinance regulates the remuneration of lawyers in accordance with the Federal Act on the Freedom of Movement of Lawyers (Lawyers Act, BGFA) for

1. Professional representation of parties in civil and criminal matters before conciliation authorities and courts, as well as prosecuting authorities, including legal representation within the framework of free legal aid and official defense

2. Representation of the child as per Article 299 of the Swiss Code of Civil Procedure (ZPO)

3. Notarization and certification

2. The remuneration consists of the fee and expenses. Any applicable value-added tax is added.

1. Basis for the Assessment of Fees

1. In civil cases with a specific or determinable value in dispute: the value in dispute

2. In family law matters and non-pecuniary civil cases, as well as in criminal cases: the necessary time expenditure of the attorney

2. In the assessment of fees, the significance of the matter for the parties and the complexity of the matter in factual or legal terms must also be duly considered.

1. If the fee is determined based on the necessary time expenditure, the following hourly rates apply

1. Legal representation: CHF 250

2. Legal representation within the framework of free legal aid: CHF 200

3. Official defense: CHF 200

4. In cases under Art. 122 para. 2 of the Swiss Code of Civil Procedure (ZPO) and Art. 138 para. 2 of the Swiss Code of Criminal Procedure (StPO): CHF 200

5. Legal representation of the child according to Art. 299 and Art. 300 ZPO: CHF 250

6. Legal representation of the child according to Art. 299 and Art. 300 ZPO, when at least one parent has been granted free legal aid: CHF 200

7. Representation by a legal trainee: CHF 125

2. The hourly rate for official defense also applies in cases of successful litigation.

3. If the fee is based on the value in dispute, the legal representation within the framework of free legal aid and in cases under Art. 122 para. 2 ZPO will be compensated at 80% of the standard rates. The proceedings authority or the court may, after hearing the parties, determine that the fee is to be measured by the necessary time expenditure.

1. In matters of civil property law with a determined or determinable dispute value, the fee consists of the basic fee and any possible surcharges or deductions.

1. For conducting a civil proceeding in the ordinary and simplified procedure before the first or only instance, the basic fee for a dispute value is as follows

Dispute Value: up to CHF 2,000

Basic Fee: CHF 200 to CHF 1,000

Dispute Value: CHF 2,000 to CHF 5,000

Basic Fee: CHF 1,000 to CHF 2,000

Dispute Value: CHF 5,000 to CHF 10,000

Basic Fee: CHF 2,000 to CHF 3,000

Dispute Value: CHF 10,000 to CHF 30,000

Basic Fee: CHF 3,000 to CHF 5,000

Dispute Value: CHF 30,000 to CHF 100,000

Basic Fee: CHF 5,000 to CHF 10,000

Dispute Value: CHF 100,000 to CHF 500,000

Basic Fee: CHF 10,000 to CHF 30,000

Dispute Value: CHF 500,000 to CHF 2,000,000

Basic Fee: CHF 30,000 to CHF 60,000

Dispute Value: over CHF 2,000,000

Basic Fee: CHF 60,000 to 3% of the dispute value

2. Subject to § 2 paragraph 2, the basic fee is interpolated within the fee range according to the dispute value.

3. It covers the effort for an exchange of written submissions and one hearing.

4. It includes any potential conciliation procedure, subject to § 7 paragraph 1 item 1. For a conducted conciliation procedure without subsequent submission of the claim approval, the basic fee amounts to a maximum of 50% of the basic fee according to § 5 paragraph 1 and paragraph 2.

1. In the summary procedure, the basic fee amounts to 10% to 60% of the basic fee according to § 5 paragraphs 1 and 2.

2. The basic fee covers the effort for one exchange of written submissions.

1. Surcharges of 10% to 50% are added to the base fee

1. for participation in the conciliation hearing

2. for each additional hearing, each additionally ordered written submission, or when evidence procedures or oral expert instructions must be conducted

3. in cases with disproportionately large or foreign-language files, with the study of foreign law, with very extensive correspondence, or in other ways complicated and exceptionally demanding proceedings

4. in cases of notice of dispute or intervention, provided the third party participates in the process

5. when time-consuming settlement negotiations are conducted before or during the process

6. for representing multiple clients according to the extra effort required

2. Deductions from the base fee are generally made up to a total of 60%

1. when the factual or legal circumstances are particularly simple

2. when the proceedings are limited to individual points of dispute

3. in ordinary proceedings, if no answer to the complaint has been received

4. in ordinary proceedings, if no main hearing is conducted

5. in simplified proceedings, if no exchange of submissions is conducted

6. upon termination of the proceedings without a decision on the merits (Articles 241 and 242 of the Swiss Code of Civil Procedure)

7. if legal representation is terminated during the proceedings

1. In family law proceedings, the fee is determined based on the necessary time expenditure.

1. In non-pecuniary proceedings, the fee is determined based on the necessary time expenditure.

1. In criminal cases (including adhesion proceedings), the fee is determined based on the necessary time expenditure.

2. If, at the request of the accused person, a lawyer from the on-call list of the Bar Association is appointed by the prosecution authority in accordance with Art. 159 of the Criminal Procedure Code, the state covers the costs for a maximum of five hours of service. The hourly rate is CHF 200.

1. In appellate proceedings, the base fee is calculated according to § 5 based on what is still in dispute before the appellate court.

2. In civil matters involving property rights with a specific or determinable value in dispute, the base fee in appellate proceedings generally amounts to

1. In appeal proceedings with a simple exchange of written submissions, half of the base fee according to § 5 paragraphs 1 and 2.

2. In appeal proceedings with a double exchange of written submissions or a hearing, two-thirds of the base fee according to § 5 paragraphs 1 and 2.

3. In complaint proceedings, one-third to one-half of the base fee according to § 5 paragraphs 1 and 2.

3. If a lawyer is only engaged before the second instance, the reduction according to paragraph 2 does not apply.

4. For appeals against decisions made in the first instance under summary proceedings, the same fee rates apply to the proceedings before the second instance as before the first instance.

5. For any surcharges or deductions, § 7 applies.

1. In all other appellate proceedings, the fee is determined based on the necessary time expenditure.

1. Where compensation is based on the necessary time expenditure, a final invoice must be submitted containing a detailed breakdown of the mandate-related activities (time expenditure). Any expenses and any applicable value-added tax must be listed separately on the invoice.

2. In civil cases, the court may award party compensation directly to the attorney.

1. Travel time shall be reasonably compensated for necessary appointments in proceedings where the fee is calculated based on the necessary time expenditure. In cases of legal aid and public defense, a maximum of two hours of travel time per appointment shall be compensated.

1. Necessary expenses, such as in particular postage, travel expenses, telecommunication costs, and copies, are compensated at a flat rate of 3% of the fee, with a maximum of CHF 800.

2. Extraordinary necessary expenses will be additionally compensated upon request, provided they are itemized individually.

1. The compensation for notarizations and certifications is determined based on the effort involved. This includes the activities necessarily associated with notarizations and certifications, specifically the verification of identity, the determination of party intent, the drafting of the document, legal advisement, and the notarial act. The compensation does not include fees for counseling, legal and factual clarifications, and other services.

2. The compensation for each notarization transaction ranges from CHF 100 to CHF 500 depending on the time spent, the importance, and the complexity of the matter.

3. For certifications, fees ranging from CHF 50 to CHF 100 may be charged depending on the effort involved.

4. These rates can be increased up to a maximum of double if the notarization or certification must be conducted in a foreign language, if the notary is engaged outside of usual business hours, or if the transaction involves particular responsibility, involves foreign legal documents, or if extraordinary time expenditure is required.

5. Expenses are reimbursed according to § 15.

1. In pending proceedings, the previous provisions shall apply until the conclusion before the affected instance.