Regulation on the tariff for cases of ex officio legal aid and legal assistance and for the determination of recoverable costs

1 This regulation establishes the tariff for the services of a lawyer in the case of their appointment as official counsel, in the case of the grant of legal aid, and for the determination of recoverable costs.

2 For the determination of fees, the principles of Article 21 paragraph 2 of the Lawyers Act of 13 February 2012 shall apply. [2]

[2] Para. amended by R 18.12.2012; in force since 1.1.2013 - BU 2012, 603.

1. The attorney is entitled to a fee for the services necessary for the conduct of the legal aid, calculated according to the principles and provisions of this regulation.

2. He also has the right to reimbursement of the expenses necessary for the conduct of the legal aid, subject to Article 6 of this regulation.

3. An attorney remunerated by the State may not demand a fee from the assisted party for the same service.

1. For reasons of economy, the authority competent for the appointment of the public defender is not bound by any proposed appointment made by the interested party.

2. The competent authority may admit the interested party to legal aid and may set the maximum amount recognized to the defender.

1 The fee of a lawyer operating under a legal aid scheme is calculated according to the time spent working, based on an hourly rate of CHF 180.--.

2 If the case was particularly demanding, for example, having required special study and knowledge or having involved the treatment of new and complex legal issues, the fee may be increased up to CHF 250.-- per hour.

3 The fee of a legal intern is calculated based on an hourly rate of CHF 90.--.

[3] Unless otherwise decided by the judge, in cases concerning the protection of the marital union and in divorce cases based on joint application or unilateral application, a maximum fee of CHF 4200.– is recognized, calculated on the basis of Article 4.

c . Outside usual working hours

[3] Art. amended by R 21.10.2014; in force since 1.1.2015 - BU 2014, 476.

[4] 1 The lawyer's fee for participating in interrogations outside of usual working hours is set at CHF 250.-- per hour; that of a legal intern at CHF 110.-- per hour.

2 Intervention carried out between 8:00 p.m. and 8:00 a.m. on weekdays, and on official holidays and Saturdays, is considered outside of usual working hours.

[4] Art. introduced by R 28.9.2010; in force since 1.1.2011 - BU 2010, 403.

1 The legal representative may be granted a lump sum in per cent of the fee as reimbursement for office expenses, such as shipping, communication, photocopying, and file opening and archiving costs; the reimbursement is calculated according to the following tariff: [5]

fee expense reimbursement

up to fr. 5,000.-- 10%

over fr. 5,000.-- up to fr. 10,000.-- 6%, but at least fr. 500.--

over fr. 10,000.-- up to fr. 20,000.-- 5%, but at least fr. 600.--

over fr. 20,000.-- 4%, but at least fr. 1,000.--

2 The legal representative is entitled to reimbursement for other expenses incurred in the client’s interest or caused by the client, such as, in particular, invoices and bills paid to third parties and public offices on behalf of the client, travel expenses, and accommodation and board expenses away from home.

3 The authority before which the case is pending shall provide the lawyer operating under legal aid with photocopies of the case documents free of charge.

[5] Para. amended by R of 5.5.2009; in force since 8.5.2009 – BU 2009, 199.

In the event of a clear disproportion between the services rendered and the fee due under the present tariff, between the expenses actually incurred and those to be recognized on the basis of the present tariff, or should the specific circumstances of the case justify it, the competent authority may derogate from the preceding provisions.

1 The lawyer immediately informs the competent authority when the services rendered reach the amount of CHF 4200.– or the maximum amount set by the judge. [6]

2 The lawyer promptly informs the competent authority of any advances requested and received.

[6] Para. amended by R 21.10.2014; in force since 1.1.2015 - BU 2014 , 476.

The lawyer is required to present to the client, if requested, a breakdown of the main legal services provided and the actual expenses incurred.

1 Repeatable fees consist of participation in the professional fee and expenses incurred in the client's interest.

2 This regulation does not apply to the relations between the lawyer and the represented party.

1 In cases involving actions with a determined or determinable value, the recoverable costs are established according to the following tariff

value recoverable costs

up to CHF 20,000. -- 15-25%

over CHF 20,000. -- up to CHF 50,000. -- 10-20%

over CHF 50,000. -- up to CHF 100,000. -- 8-15%

over CHF 100,000. -- up to CHF 500,000. -- 6-9%

over CHF 500,000. -- up to CHF 1,000,000. -- 4-6%

over CHF 1,000,000. -- up to CHF 2,000,000. -- 3-5%

over CHF 2,000,000. -- up to CHF 5,000,000. -- 2-4%

over CHF 5,000,000. -- 2%

2 Notwithstanding paragraph 1

a. in cases of appeal or other legal remedies, the recoverable costs are set between 30% and 60% of the amount calculated according to paragraph 1;

b. in special civil, enforcement, and bankruptcy proceedings, the recoverable costs are set between 20% and 70% of the amount calculated according to paragraph 1.

3 The rules of civil procedure shall apply for the determination of value, provided that deliberately exaggerated amounts must be reduced.

4 For expropriation cases, the value in dispute is the difference between the claim of the expropriated party and the offer of the expropriating authority.

5 The recoverable costs are determined, within the limits established in paragraphs 1 and 2, according to the importance of the dispute, its complexity, the scope of work, and the time expended by the attorney, taking into account the conduct of the legal representation.

In cases where the value is not determined or determinable, the recoverable fees are established based on the time spent, applying a rate of CHF 280.-- per hour for the lawyer and CHF 120.-- per hour for the trainee; Article 11, paragraph 5 is applicable by analogy.

1. In the event of a clear disproportion between the value in dispute or the services rendered and the fee due based on the present tariff, and in cases where the peculiarities of the case or the interests of the parties involved justify it, the competent authority may derogate from the preceding provisions.

2. If the case does not conclude with a judgment on the merits, particularly in the event of withdrawal of the legal remedy, discontinuance, or inadmissibility, the recoverable costs may be reduced to an appropriate extent.

The competent authority may grant an indemnity to a representative not entered in the register of lawyers, provided that the representative is entitled to represent a party, if the quality of the services and the circumstances justify it, and having regard to the diligent conduct of the representation.

1. In cases where the decision regarding official representation or legal aid was issued before the entry into force of this regulation, the previous provisions shall apply.

2. For proceedings commenced before the entry into force of this regulation, the recoverable costs shall be determined according to the previous law. [7]

V. Entry into Force

[7] Intro. para. introduced by R 18.3.2008; in force since 21.3.2008 - BU 2008, 144.

The present regulation shall be published in the Bulletin of Laws and Executive Acts and shall enter into force on January 1, 2008.

Published in BU 2007, 727.