REGULATION on legal aid in civil matters (RAJ) - Designation of Court-Appointed Counsel (RAJ)

1. Court-appointed lawyers are designated by the competent tribunal according to Article 39, paragraphs 1 and 2 of the CDPJ [A].

2. When the person requesting legal assistance chooses a lawyer, that lawyer is, in principle, appointed. Otherwise, the Cantonal Tribunal ensures that lawyers are appointed in turn.

3. A lawyer with more than twenty-five years of practice is, upon request addressed to the president of the Cantonal Tribunal, exempt from court-appointed cases.

4. Paragraphs 1 to 3 are also applicable to certified business agents.

1. The officially appointed legal counsel is entitled to a lump-sum reimbursement of their disbursements and to equitable remuneration (Art. 122, para. 1, let. a CPC), which is determined taking into account the importance of the case, its difficulties, the extent of the work, and the time devoted by the officially appointed legal counsel. In this regard, the judge assesses the scope of the necessary operations for the conduct of the proceedings. The judge applies the following hourly rate

a. lawyer: 180 francs;

b. trainee lawyer: 110 francs;

c. licensed legal agent: 140 francs;

d. trainee of a licensed legal agent: 90 francs.

2. The compensation, comprising remuneration and disbursements, is set at the end of the proceedings. It may, upon request, be set during the proceedings in the following cases

a. if legal aid ceases;

b. in the event of a change of officially appointed legal counsel;

c. when exceptional circumstances, particularly related to the duration of the proceedings, require it.

3. The decision setting the compensation indicates the amount of the remuneration and that of the disbursements, as well as the amount of VAT insofar as this compensation is subject to tax and VAT has not already been taken into account.

4. When the decision setting the compensation is made at the end of the proceedings, it appears in the operative part of the judgment on the merits. When it is made during the proceedings, it is the subject of a separate decision taken by the president or, for the courts of the Cantonal Tribunal and the Cantonal Property Chamber, by the delegated judge (Art. 42 CDPJ [A]).

1. When it is necessary to determine the remuneration due to the court-appointed legal counsel, the latter may first submit a detailed list of their activities.

2. In the absence of a detailed list of activities, the compensation is equitably set based on an estimate of the necessary activities for the conduct of the trial.

3. ...

1. The disbursements of the court-appointed counsel are set at a flat rate of 5% of the fee excluding tax in the first judicial instance and at 2% of the fee excluding tax in the second judicial instance.

2. The flat-rate disbursements include the costs of photocopies, postal delivery, and telecommunications.

3. Fees in the canton of Vaud are set at a flat rate of 120 francs for a licensed attorney, 80 francs for a trainee lawyer, 90 francs for a licensed business agent, and 50 francs for a trainee licensed business agent. This flat rate applies throughout the canton and covers costs and round-trip travel time.

4. When exceptional circumstances justify setting the disbursements at a higher amount (such as the unusual importance of the case and travel outside the canton), the court-appointed counsel should submit a list accompanied by payment receipts.

1. When the party benefiting from legal aid has been awarded costs, the court-appointed legal counsel is entitled to payment of the indemnity only if it is demonstrated that the awarded costs cannot be obtained from the opposing party and will not be (Art. 122, para. 2 CPC [B]). Such demonstration will be particularly accepted when the debtor of the costs is notoriously insolvent or when they have no known domicile.

2. When it is established that the costs have not been obtained from the opposing party and are unlikely to be, the court forwards the file to the competent service for payment of the indemnity.

1. The payment of compensation and its reimbursement are managed by the Legal and Legislative Service.

1. This regulation enters into force on January 1, 2011.