Law on the Legal Profession (LPAv) - Purpose (LPAV)

1. The purpose of this Act is

a. to implement the Federal Act on the Free Movement of Lawyers (FALM) [A] in the Canton of Vaud;

b. to regulate the training and conditions of access to the legal profession;

c. to ensure the quality of services provided by lawyers and the protection of the public.

1. This law applies to lawyers, legal advisors, and trainee lawyers, as well as lawyers registered in another canton or nationals of an EU or EFTA member state who practice their profession in the canton.

1. For the purposes of this law, the following definitions apply

a. lawyer: any holder of the lawyer's patent registered in the cantonal register of lawyers;

b. legal counsel: any holder of the lawyer's patent registered in the cantonal register of legal counsel, who practices independently but does not participate in the monopolistic activity of a lawyer;

c. trainee lawyer: any person undergoing practical training with a view to obtaining the lawyer's patent and registered in the cantonal register of trainee lawyers.

1. No one may claim the title of lawyer without holding a lawyer's certificate.

1. The lawyer has the mission to advise the litigants, to assist them, to represent them, and to defend them in court.

1. Federal legislation regulates professional representation in civil procedure.

2. In administrative matters, the exclusive mandate of the lawyer is limited to the jurisdiction exercised by civil or criminal courts and to cases that call for the application of the cantonal law on expropriation [B].

3. In criminal procedure, professional representation of the accused and the complainant is reserved for lawyers, subject to exceptions provided by law.

1. It is prohibited for any person not registered in the cantonal register of lawyers or in any other cantonal register to offer their services to the public in a manner that may lead to the belief that they are subject to the same obligations as registered lawyers, particularly with regard to professional secrecy.

1. The laws governing magistracies and official duties determine the incompatibilities between these and the legal profession.

2. The profession of a lawyer is incompatible with the professions of notary and business agent.

3. A lawyer can only be associated with another lawyer registered in a cantonal registry or a consultant lawyer.

1. The power of attorney granted to the lawyer is exempt from legalization.

1. Any person who commits an infringement of Articles 4, 7, and 8 above shall be subject to a fine.

2. Prosecution is carried out in accordance with the provisions of the law on misdemeanors [C].

3. If the public interest so requires, the publication of the judgment in one or more newspapers, at the expense of the convicted person, may be ordered.

1. The Bar Association is the cantonal authority responsible for overseeing lawyers.

2. It can initiate proceedings on its own initiative, upon complaint or denunciation, concerning any matter related to a lawyer's professional activity.

3. It is also the disciplinary authority for trainee lawyers.

1. The Bar Chamber is composed of five members and five alternate members.

2. It includes a cantonal judge who presides over it, the President of the Bar Association, and three other members selected from among the lawyers registered in the cantonal register who have at least ten years of practice in the canton.

3. The members and alternate members are appointed by the Cantonal Court, following a public call for applications, for a term of five years. They are eligible for re-election.

4. The Cantonal Court appoints a substitute for each member for the same term.

5. The Bar Chamber is provided with a secretariat managed by the Cantonal Court. A clerk from the Cantonal Court serves as the secretary of the Chamber.

1. The President of the Chamber is responsible for relations with the supervisory authorities of other cantons and states, as well as for any communication required by federal law.

1. The Apprenticeship Board is the cantonal authority responsible for overseeing the conditions in which the apprenticeship takes place and ensuring the quality of training for trainee lawyers.

2. The Apprenticeship Board may condition admission to the bar exams on attendance at specific courses related to legal practice or the legal profession [D], as well as on passing the respective exams.

3. It acts, on its own initiative, upon complaint or denunciation, on any matter concerning the conduct of the apprenticeship or the training of trainee lawyers.

4. It reports, on its own initiative, to the Bar Association cases that may give rise to disciplinary action.

1. The Trainee Bar Committee is composed of five members and five alternate members.

2. It is chaired by a member of the Council of the Vaud Bar Association.

3. It is composed of

- two lawyers chosen from those registered in the cantonal register and having at least ten years of practice in the canton;

- one lawyer with less than five years of practice or a trainee lawyer;

- one cantonal judge.

4. The members of the Trainee Bar Committee cannot be members of the Lawyers' Chamber.

5. Members are appointed for a period of two years by the Cantonal Court

- upon recommendation of the Vaud Bar Association for lawyers with more than ten years of practice;

- upon recommendation of the Young Bar for the lawyer with less than five years of practice or the trainee lawyer.

6. Based on the same recommendations, the Cantonal Court appoints, for the same period, one alternate for each member.

7. Members and their alternates are eligible for re-election twice.

1. The Chamber deliberates with five members.

2. Its president participates in the vote. In the event of a tie, their vote is decisive.

3. For the remainder, the Chamber organizes itself.

1. The President of the Chamber rules on requests for recusal of one of its members.

2. The Cantonal Court rules on requests for recusal of the President.

1. The Cantonal Court determines the remuneration of the members of the Chamber.

1. The Chamber or its president may charge a fee for the decisions and certifications they issue. The fee amount is determined by the Cantonal Court.

1. The Cantonal Court organizes the bar examinations as well as other competency assessments provided for by federal legislation.

2. It issues the implementing regulations of this law.

1. Any holder of a Swiss university law degree or bachelor's degree in law granted by a Swiss university, or any holder of an equivalent degree awarded by a university from one of the States that has concluded an agreement with Switzerland on the mutual recognition of diplomas, may request their registration in the cantonal register of trainee lawyers.

2. The trainee lawyer must also meet the personal conditions outlined in Article 8, Paragraph 1 LLCA [A] and provide a declaration from a lawyer authorized to train trainee lawyers, certifying their commencement of the internship or the prior authorization from the Cantonal Court, as per Article 25, Paragraph 2 of the present law.

3. After consulting the University of Lausanne, the Cantonal Court determines the qualifications required for registration in the register of trainee lawyers.

1. Lawyers who have at least seven years of practice as lawyers registered in a cantonal register, including two within the last two years, are authorized to train trainee lawyers.

2. No one may train trainee lawyers if they have been subject, within the last five years, to

a. a disciplinary measure prohibiting them from training trainee lawyers or;

b. a disciplinary measure temporarily prohibiting them from practicing or;

c. a criminal conviction for acts incompatible with the exercise of the profession, unless this conviction no longer appears on the private extract from the criminal record.

3. A lawyer may not have more than one trainee lawyer under their responsibility. Where particular circumstances justify it, and upon reasoned request, the Traineeship Chamber may authorize them to have two trainee lawyers under their responsibility for a determined period.

1. The Cantonal Court establishes and maintains the cantonal register of trainee lawyers.

2. It provides information on the conditions for access to the internship and the examination.

1. Before proceeding with registration in the cantonal register of trainee lawyers, the Cantonal Court requires them to solemnize the following promise

"I promise, as a trainee lawyer, to exercise my function with dignity, conscience, independence, integrity, and humanity, and to respect the professional obligations provided by law."

1. The duration of the traineeship is two years. Upon request, the Cantonal Court may reduce it to 18 months if the candidate can demonstrate at least 6 months of activity as a clerk for a judicial authority or the Public Prosecutor's Office.

2. With the authorization of the Cantonal Court

- a part of the traineeship, limited to a maximum of six months, may be completed in another canton or with a judicial authority or a Swiss Public Prosecutor's Office;

- a part of the traineeship, for a maximum duration of three months, may be completed in another EU or EFTA Member State with a lawyer or an authority offering equivalent training conditions.

3. The duration of the traineeship completed under the responsibility of a lawyer registered in the cantonal register of lawyers must not be less than eighteen months.

4. The employment rate of the trainee lawyer cannot be less than 50%. The duration of the traineeship is extended proportionally to the employment rate.

1. A written internship contract is established between the supervisor and the trainee lawyer.

2. Upon advice from the Chamber of Internships, the Council of State enacts a standard internship contract applicable throughout the cantonal territory. If necessary, the Council of State may include provisions regarding salary.

1. On the proposal of the Chamber of Internship, the Cantonal Court establishes by regulation the rules to be followed by trainee lawyers and the lawyers who train them, in order to ensure the quality of their training.

1. Within the limits of the law, trainee lawyers may, under the guidance and responsibility of their supervising attorney, advise, assist, and represent parties before civil, criminal, and administrative courts.

2. The supervising attorney's professional liability insurance policy must cover the professional liability of the trainee lawyer.

1. Lawyers sign the procedural documents drafted by their trainee lawyers. They are responsible for these documents as if they originated from themselves.

1. The supervising attorney regularly and diligently oversees the training of the trainee lawyer for whom they are responsible.

2. They instruct them in the ethics and practice of the legal profession, and, to this end, provide the necessary availability.

3. They ensure that the trainee lawyer is able to perform tasks involving the drafting of briefs and procedural documents, client meetings, case management, court proceedings, assistance or representation of parties in hearings, and advocacy.

4. The supervising attorney allows the trainee lawyer the necessary time to attend courses, seminars, and conferences intended to supplement their professional training.

1. Trainee lawyers follow the guidelines and instructions of their supervising attorney and the Internship Chamber regarding their training and professional activities.

2. In cases entrusted to them by their supervising attorneys, trainee lawyers are subject to the same obligations as attorneys.

1. To be admitted to the bar examinations, the trainee must

a. hold either a Swiss university bachelor’s degree in law and a Swiss university master’s degree in law or a master’s degree in law deemed equivalent according to Article 7 LLCA [A], or a Swiss law license;

b. have completed the traineeship provided for in Section I of this chapter;

c. have attended the training courses required by the Traineeship Chamber [D] and successfully passed any related examinations;

d. have fulfilled the other conditions imposed by the Cantonal Court or the Traineeship Chamber.

2. The conditions of Article 8, paragraph 1 LLCA must be met.

3. The candidate has a period of two years from the end of their traineeship to sit for the bar examinations. In case of failure, they have a period of eighteen months from the communication of said failure to retake the examination.

4. After consulting the University of Lausanne, the Cantonal Court determines the qualifications granting access to the bar examinations.

1. Depending on the foreseeable number of candidates and examination sessions, the Cantonal Court shall appoint for two years the persons likely to serve on the examination board.

2. For each session, the president of the examination board shall designate, from among the persons mentioned in paragraph 1, the members of the board, which shall comprise at least six members, namely

- two judges of the Cantonal Court, one of whom shall be the president;

- one first instance magistrate;

- one professor, lecturer, *privat-docent*, or course instructor at the Faculty of Law of the University of Lausanne, proposed by the council of that faculty;

- two lawyers registered with the cantonal register.

3. This proportion must be respected as far as possible if the board comprises more than the minimum number of members.

4. The board shall sit in full when approving the report destined for the Administrative Court. It may sit as a delegation of at least two members to conduct and assess the examination tests.

5. For all other matters, the board shall organize itself.

6. All members of the board shall be remunerated. The Cantonal Court shall fix the amount of this remuneration.

1. The examinations comprise four written tests that cover the drafting of procedural documents or legal consultations and an oral examination.

2. After consultation with the Internship Chamber, the Cantonal Court issues a regulation [E] determining the organization, content, method of evaluation of the examinations, as well as the registration fee.

1. The commission submits a report on the results of the examinations to the Administrative Court of the Cantonal Tribunal, which grants or denies the bar license.

2. A third failure is final.

1. The candidate who influences or attempts to influence the examination results unlawfully, particularly by using unauthorized means, is excluded from the session and considered to have failed it.

2. The Administrative Court of the Cantonal Tribunal may, depending on the severity of the misconduct, permanently exclude the candidate, who will no longer be allowed to retake the examinations.

1. The Bar Association shall prepare and maintain the cantonal register of lawyers. It may delegate this authority to its president.

1. Any lawyer holding a lawyer's patent who wishes to apply for registration in the cantonal register of lawyers must meet the conditions of Articles 7, paragraphs 1 and 2, and 8 of the Lawyers’ Licensing Act (LLCA) [A].

2. The Cantonal Court, upon the advice of the department responsible for relations with the Judicial Order [F], draws up the list of organizations recognized as being in the public interest (art. 8, para. 2 LLCA).

1. The Bar Association verifies whether the registration requirements are met and proceeds, where applicable, with the registration. For this purpose, it is empowered to request any relevant supporting documentation.

2. The Bar Association may delegate this authority to its president.

3. The registration in the register is published in the Official Gazette.

1. When the lawyer no longer fulfills the prescribed conditions for practicing the profession according to Article 8 LLCA [A], the Bar Association shall proceed ex officio with the removal from the register.

2. An appeal against a decision to remove from the register does not have a suspensive effect, unless decided otherwise by the appellate authority.

1. The legal advisor whose main professional address is in the Canton of Vaud must apply for registration in the cantonal register of legal advisors.

2. Registration is subject to compliance with Article 8 LLCA [A].

3. The Chamber of Lawyers maintains and updates the register of legal advisors. It may delegate this authority to its president.

4. Registration is published in the Official Gazette.

1. Articles 12, letters a) to f) and h) to j), and 13 of the LLCA [Law on Lawyers] are applicable to legal advisors.

1. The Bar Association maintains and updates the register of lawyers who are nationals of Member States of the European Union (hereinafter: EU) or the European Free Trade Association (hereinafter: EFTA) authorized to practice on a permanent basis in the canton, under their professional title of origin.

2. The Bar Association verifies whether the conditions for registration are met and proceeds with the registration. For this purpose, it is authorized to request any relevant supporting documentation.

3. It may delegate these powers to its president.

4. The registration is published in the Official Gazette.

1. A lawyer registered on the roll of lawyers from EU or EFTA member states may apply for registration in the cantonal register of lawyers under the conditions of Article 30 LLCA [A].

2. The Cantonal Court determines the organization and content of the aptitude test provided for in Article 31 LLCA. The examination commission or a delegation thereof conducts the aptitude test.

3. The Cantonal Court designates the delegation of the examination commission responsible for organizing and conducting the verification interview in accordance with Article 32 LLCA.

1. The Bar Council may authorize a lawyer who is a national of a non-EU or non-EFTA member state to plead in a special case before the Vaud courts. Articles 21 and following of the Lawyers' Act [A] apply by analogy.

2. The Council may delegate this authority to its president.

3. The lawyer must, at the same time as submitting their request, provide documents substantiating their status as a lawyer and their right to plead in the state where they practice their profession.

1. The lawyer is entitled to fees determined by taking into account the time spent executing the mandate, the difficulties and deadlines involved, the significance of the interests at stake, the result obtained, and their experience.

1. The lawyer has an exclusive personal right to the fees and disbursements that are awarded by the judgment or decree as costs, subject to an accounting with their client.

2. When several lawyers have handled the same case, the total amount of costs awarded is recovered by the one who proceeded most recently before the canton courts, subject to distribution proportional to the actions carried out by each of them.

1. Any agreement by which a lawyer subject to this law acquires litigious rights as full or partial remuneration is null and void.

1. In the event of a dispute concerning the statement of fees and disbursements, the lawyer or their client may submit it for moderation.

2. Moderation is available

- when the statement relates to judicial activity, for all matters brought before a judicial authority of the canton;

- when the statement relates to extrajudicial activities, exclusively for lawyers registered in the cantonal register;

- when the statement relates to the judicial activity of a lawyer registered in the cantonal register before a federal judicial authority.

1. The moderation authority is

- when proceedings have been initiated, the judge or prosecutor responsible for the dispute. During the trial, this magistrate transmits the moderation request to another magistrate of the same rank;

- when no proceedings have been initiated, or when they have been initiated before a federal judicial authority, the President of the Chamber of Lawyers.

1. The lawyer justifies their actions by providing the case file. They are released from professional secrecy to the necessary extent.

2. The client produces all documents in their possession or those which they have later provided to a subsequently consulted lawyer.

3. The moderation authority may request written observations from the magistrates who were involved in the case.

4. It may also attempt a conciliation.

5. It rules as a general principle on the basis of the documents.

1. Disciplinary Sanctions Against Lawyers are Provided for by LLCA [A].

1. An attorney who, in their capacity as a supervising lawyer, intentionally or negligently breaches this law or its applicable provisions, or otherwise compromises the training of their trainee lawyer, may have their authorization to train trainee lawyers revoked, either temporarily or permanently.

1. An articled lawyer who, either intentionally or through negligence, commits an infringement of the present law or its implementing provisions, violates their professional duties or the solemn promise they have made, shall be liable to a disciplinary sanction.

2. Disciplinary sanctions are

a. a warning;

b. a fine not exceeding 5,000 francs;

c. a temporary prohibition from undertaking an traineeship in the Canton of Vaud for a maximum duration of two years;

d. a definitive prohibition from undertaking an traineeship in the Canton of Vaud.

1. The President of the Bar Association initiates disciplinary proceedings ex officio or upon request.

2. The President may decline to proceed with a complaint that is manifestly unfounded.

3. In other cases, the President initiates a disciplinary inquiry and appoints a member of the Chamber or an expert as the investigator.

1. The proceedings may be suspended until a judicial action is resolved.

2. The relative prescription period does not run during the suspension.

1. The investigator attempts reconciliation.

2. He hears the lawyer or trainee lawyer and the complainant.

3. He may undertake other investigative procedures. He informs the President of the Chamber about them.

1. Once the investigation is completed, the investigator submits their report to the Bar Council.

2. This report is presented to the concerned lawyer or trainee lawyer for determinations.

3. The Council convenes in plenary session. In principle, the sessions are not public.

4. The Bar Council may hear the complainant and the lawyer or trainee lawyer, and order additional investigative measures.

5. It deliberates and decides in camera by majority vote.

1. The Chamber of Lawyers may impose a fee of one hundred to five thousand francs, as well as investigation costs in whole or in part, on the lawyer or trainee lawyer when a disciplinary sanction is pronounced against them, or when, in the absence of a sanction, they have caused or complicated the investigation by their conduct.

2. It may impose the same costs and fees on the informer in the case of an abusive report.

1. The Bar Association may, if circumstances justify it, notify the decision to the complainant.

2. Decisions concerning the temporary or permanent prohibition to practice and the appointment of the substitute lawyer are published in the Official Gazette.

1. Disciplinary proceedings terminate

- by statutory limitation (Art. 19 LLCA [A]);

- with the death of the attorney or trainee attorney concerned.

2. Article 19 LLCA is applicable to the statutory limitation of disciplinary proceedings against trainee attorneys and training supervisors.

1. The Bar Council appoints a substitute for a lawyer

- who is subject to a temporary or definitive prohibition from practice;

- who has died, been struck off the roll, or is permanently prevented from practicing, when the safeguarding of clients' interests so requires.

1. The substitute lawyer must carry out all necessary actions to protect the interests of the clients.

2. He must ensure the preservation of the files of the replaced lawyer.

3. The Bar Association may assign additional duties to the substitute lawyer.

1. The substituted lawyer or their successors indemnify the substitute lawyer and bear the other costs of substitution.

2. If the substituted lawyer or their successors default, the compensation is paid by the State.

3. In the event of a disagreement regarding the compensation due to the substitute lawyer, or when it must be paid by the State, the Chamber determines the amount.

1. Decisions made pursuant to this law may be appealed to the Cantonal Court.

2. The appeal is exercised in accordance with the Administrative Procedure Act [G].

1. The admission requirements to the exams stipulated by Article 26 of the Law of 24 September 2002 on the Legal Profession [H] remain applicable to candidates who submit their application for admission no later than one year after the entry into force of the present law, or a new application after a failure.

2. For individuals who have completed their internship at the time of the entry into force of the present law, the two-year period provided for in Article 32, paragraph 3 begins to run from the date of the entry into force of the present law.

3. For individuals who have already failed the bar exams once or twice, the 18-month period provided for in Article 32, paragraph 3 begins to run from the date of the entry into force of the present law. In the event of a new failure, if another attempt is possible according to paragraph 3, the candidate is granted a new 18-month period from notification of the failure to resubmit.

4. Lawyers who, on the day of the entry into force of the present law, are training interns, may complete the training even if they do not meet the conditions set out in Article 22, paragraphs 1 and 3 relating to the duration of practice and the number of authorized interns. The same applies to lawyers who have signed a training contract before the entry into force of the present law, provided that the commencement of the internship occurs within one year.

1. The law of September 24, 2002, on the legal profession is repealed.

1. The Council of State is responsible for the execution of the present law. It shall publish the text, in accordance with Article 84, paragraph 1, letter a) of the cantonal constitution and shall set, by decree, the date of its entry into force.