Act on the Profession of Lawyers Representing Parties in Court (Lawyers Act, LPAv) - Scope (AnwG)

1. Subject to contrary provisions, this Act shall apply

a) to persons holding a lawyer's license who represent parties before judicial authorities in Switzerland within the framework of the legal monopoly;

b) to persons admitted as legal trainees pursuant to the Federal Act on the Free Movement of Lawyers (BGFA) and the present Act.

2. ...

1. All contrary or differing provisions of the Law on the Legal Profession regarding the representation of parties before judicial authorities are suspended.

1. Subject to differing statutory provisions, only a lawyer entered in the cantonal register or in a public list may undertake the mandate to represent or assist the parties before civil and criminal courts.

2. The competent judge shall ex officio verify the registration of the lawyer acting before him in the cantonal register or public list. If the registration is lacking, the judge shall grant the party a reasonable period to either sign the procedural act or submission or to be represented by a registered lawyer; the judge shall inform the party that failure to comply will render the procedural act or submission disregarded.

1. Internships approved before the entry into force of this amendment are subject to the previous law.

1. Individuals who were admitted to the internship prior to the amendment of the law may, during a transitional period of 5 years, invoke the old law to pass the examination.

1. The administrative supervisory authority for lawyers is the department responsible for security.

a) * ...

b) * ...

c) * ...

d) * ...

e) * ...

f) * ...

1bis. The administrative supervisory authority maintains the cantonal register of lawyers as well as the public list of lawyers from member states of the European Union (EU) or the European Free Trade Association (EFTA) who are permitted to constantly represent parties before judicial authorities in Switzerland under their original professional title. For this purpose

a) it examines applications and decides on them;

b) it decides on the admission of a lawyer from a member state of the EU or the EFTA to the aptitude test or interview to assess the required skills;

c) it makes the necessary entries, publications, and deletions;

d) it grants access to the register and processes information requests;

e) it orders other measures concerning administrative supervision as provided by federal law;

ebis) * it assesses the lawyer's ability to represent parties in matters of administrative proceedings;

f) * it publishes in the Official Gazette every entry in the register and at the beginning of the year the list of lawyers registered in the lawyer's register or the public list;

g) * it designates one or more deputy lawyers.

2. ...

2bis. The administrative supervisory authority is empowered to authorize a lawyer to disclose a secret that was entrusted to them in the course of their professional activity.

3. The decisions of the administrative supervisory authority can be challenged with an administrative court appeal at the cantonal court. The right of appeal by the Bar Association against an entry in the register commences with its publication in the Official Gazette (Art. 6 para. 4 BGFA).

1. If the lawyer has not made explicit arrangements, and if the interests of the clients require it, the administrative supervisory authority shall appoint one or more deputies registered in the lawyer's register for the lawyer who is

a) subject to a temporary or permanent professional ban;

b) deceased, removed from the lawyer's register, or permanently unable to practice the profession.

1. Subject to urgent precautionary measures, the deputy attorney must obtain the clients' consent.

2. He shall perform all actions necessary to safeguard the clients' interests.

3. He is responsible for ensuring that the files of the represented attorney are preserved.

4. The administrative supervisory authority may assign the deputy attorney additional tasks.

1. The represented attorney or their legal successors shall compensate the deputy attorney and bear the other costs of representation.

2. In the event of a dispute, the administrative supervisory authority shall determine the amount of compensation owed to the deputy attorney.

1. Proceedings pending at the time of the entry into force of this amendment concerning the ability of a lawyer to represent parties in administrative proceedings shall be governed by the old law.

1. To obtain a law license, an internship must be completed and a final examination passed.

2. Subject to the provisions of this section, the State Council shall determine the conditions and organization of the internship and the examination, as well as the subjects of the examination, in a regulation.

1. The internship is open to individuals who have completed and finished a legal degree with

a) * a licentiate degree or a Bachelor's degree in law from a Swiss university or a title recognized as equivalent;

b) * an equivalent university diploma from a state that has agreed to reciprocal recognition with Switzerland.

2. Furthermore, the legal intern must meet the personal requirements outlined in Article 8, paragraph 1, letters a through c of the BGFA.

3. The duration of the internship is at least 18 months.

1. Only internships that were completed entirely within the 5 years preceding the examination will be considered for admission to the examination.

2. An internship at a law firm may not exceed a duration of 5 years.

1. The internship must be completed for at least one year in the office of a lawyer registered in the cantonal lawyer's register.

2. The other part of the internship can be completed, either before or after the internship mentioned in paragraph 1

a) *in Valais at a court authority's office or the public prosecutor's office, at a department of the cantonal administration or a municipal administration, or at a department of another Valaisan organization that offers a legal activity beneficial for lawyer training;

b) *in another canton with a lawyer registered in the cantonal register, at a court authority's office or the public prosecutor's office, at a department of the cantonal administration or a municipal administration, or at a department of another organization that offers a legal activity beneficial for lawyer training; or

c) *in a department of the federal administration that offers a legal activity beneficial for lawyer training, or at a federal judicial authority.

3. When registering for the examination, the trainee lawyer ensures that he can provide documents proving that he has completed the internship duration mandated by law.

1. The legal trainee performs his activities under the guidance and responsibility of his supervising attorney. He may represent and assist parties before the cantonal authorities in the name of the supervising attorney alone. This authority includes the signing of cantonal procedural documents.

2. The statutory and regulatory provisions applicable to lawyers also apply to legal trainees.

1. Purpose of the Examination: To determine whether the candidate possesses the knowledge and skills required to practice as an attorney.

2. The examination covers theoretical and practical legal knowledge, particularly in the main areas of substantive law and procedure, as well as professional duties. It consists of written and oral exams before a cantonal bar examination board.

3. The third failure of the examination is final.

1. The oral examination is public.

1. An examination fee shall be charged according to a schedule adopted by the State Council. However, this fee shall not exceed the stamp fee charged by a department in a non-property-related administrative matter.

1. A cantonal lawyers' examination commission shall be established, which is competent at first instance

a) to deliberate on the result of the written and oral exams of the lawyer candidate;

b) to determine the content of the aptitude test (Art. 31 para. 3 BGFA) or the framework of the interview to assess professional skills (Art. 32 BGFA);

c) to administer the aptitude test to a lawyer from the member states of the EU or EFTA who wishes to register with the cantonal register (Art. 30 para. 1 lit. a BGFA) or to evaluate their skills during an interview (Art. 30 para. 1 lit. b no. 2 BGFA).

2. The decision of the commission can be appealed to the Cantonal Court by means of an administrative court appeal.

a) * ...

b) * ...

3. Moreover, the procedure is governed by the Law on Administrative Procedure and Administrative Justice.

1. The Examination Commission shall consist of at least 15 members and 4 substitute members, appointed by the State Council for a term of 4 years. They shall appropriately represent the lawyers of Valais on one hand, and the judicial authorities and the public prosecutor's office on the other.

2. The members shall be appointed upon the proposal of the Cantonal Court, the office of the public prosecutor, or the Valais Bar Association. The appointed commission members must fulfill their mandate for the period for which they have been appointed; resignations for justified reasons are reserved.

3. Both national languages must be represented within the commission. The examinations must be conducted or corrected by commission members who speak the same official language as the candidate.

a) * ...

b) * ...

4. The following persons may not serve as members of the commission

a) * Relatives or in-laws of the candidate up to and including the fourth degree;

b) * Persons with whom the candidate has undertaken their internship.

1. The Commission organizes itself independently. In particular, it may

a) divide itself into subcommissions of three members each;

b) assign one of its members to prepare the examination topics;

c) appoint a rapporteur for the evaluation of the written tasks.

2. The Secretariat of the Commission is provided by the Department.

**1. Disciplinary Supervision of Lawyers is Exercised by:**

a) the Disciplinary Chamber of Lawyers in the First Instance;

b) the Cantonal Court as the Appeal Instance.

**2. The Disciplinary Chamber is Composed of Six Members and Three Deputies, Appointed by the Council of State for a Term of Four Years. The Appointed Members of the Chamber Must Execute Their Mandate for the Duration of Their Appointment; Resignations for Justified Reasons are Reserved.**

a) One member and one deputy are designated from the first-instance judges on the proposal of the Cantonal Court.

b) One member and one deputy are designated from the prosecutors on the proposal of the Prosecutor's Office.

c) Four members and one deputy are designated from the lawyers registered in the cantonal register on the proposal of the Valais Bar Association.

d) A lawyer chairs the Disciplinary Chamber.

**3. ...**

**4. The Disciplinary Chamber Meets Validly with Three Members. In All Cases, the Majority of the Members Present Shall be Lawyers.**

**5. If the Disciplinary Chamber Cannot Meet Validly Due to the Inability or Recusal of its Members and Deputies, the Council of State Appoints One or More Extraordinary Members, Taking into Account the Principle in Paragraph 4.**

**6. In Disciplinary Matters, the Department Conducts the Investigation and Submits its Decisions to the Disciplinary Chamber.**

**7. The Council of State Determines the Compensation of Lawyers for Their Activities within the Disciplinary Chamber; Otherwise, It Organizes Itself Independently.**

1. The Supervisory Chamber

a) monitors the professional activity of lawyers representing parties before judicial authorities in the canton;

b) initiates disciplinary proceedings and imposes disciplinary sanctions;

c) provides useful information and reports.

2. The Cantonal Court

a) makes final decisions on administrative appeals against decisions of the Supervisory Chamber;

b) * ...

3. The Law on Administrative Procedure and Administrative Justice is applicable.

1. The Supervisory Chamber imposes a decision fee in accordance with the law concerning the tariff of costs and compensations of judicial or administrative authorities (TarG). However, this fee is not higher than the court fee levied by a department in a non-pecuniary administrative matter.

1. Conclusion of Proceedings: If a proceeding concludes with the President of the Supervisory Chamber ordering its termination, and the proceeding was initiated due to the complainant's reckless, objectionable, or litigious behavior, the complainant may be fined up to 5,000 francs.

1. Except in matters of administrative procedure, it is the responsibility of the authority handling a pending matter to determine whether an attorney can represent parties in that matter.

2. Legal remedies may be pursued in accordance with the procedure applicable to the matter.

1. By means of a preliminary decision, the Supervisory Chamber or the Cantonal Court as the appellate authority may lift the attorney's professional secrecy for the purposes of the disciplinary proceedings.

1. If there is no overriding public or private interest to the contrary, the supervisory chamber and the cantonal court, as the court of appeal, may review documents from civil, criminal, and administrative proceedings if they need them to conduct disciplinary proceedings.

1. A professional liability insurance adequate in view of the nature and scope of the risks is present when the liability insurance concluded by the attorney provides for a minimum guaranteed sum of one million Swiss francs per occurrence of damage.

1. A fine of up to 20,000 Swiss francs shall be imposed on anyone who

a) * practices law without authorization;

b) * uses the professional title of lawyer without possessing a law license or being entitled to use this professional title according to Articles 11 and 33 of the Swiss Federal Act on the Free Movement of Lawyers (FAFML);

c) * uses another professional title as a lawyer without being entitled under Articles 11, 24, 27 paragraph 2, and 33 of the FAFML;

d) * unjustifiably mentions their registration in the lawyers' register in their business relations.

2. The department shall decide according to the procedure applicable to administrative penal decisions.

3. The decision may be published.

1. Articles 33 and 34, paragraph 1, and 186, letter c, of the Code of Civil Procedure of March 24, 1998, are amended.

2. Article 49, number 4, of the Code of Criminal Procedure of February 2, 1962, is amended.

3. Article 9, paragraph 4, of the Implementing Ordinance to the Legislation on Debt Collection and Bankruptcy of September 18, 1996, is amended.

1. All provisions contrary to the present law are hereby repealed, in particular

a) Articles 1 to 26, 33 to 40, 41 paragraphs 1 and 2, 42 and 43 of the Law on the Legal Profession and Judicial and Administrative Legal Assistance of January 29, 1988;

b) the Implementing Regulation to the Law on the Legal Profession and Judicial and Administrative Legal Assistance of June 14, 1989.

1. The provisions of the Law on the Legal Profession and Judicial and Administrative Legal Representation of January 29, 1988, which have not been repealed, remain in effect in the following form: (see GS/VS 177.7).

1. An attorney domiciled outside the canton who holds a general professional practice license in Valais must request registration in the cantonal register upon request by the President of the Cantonal Supervisory Authority within a period of 30 days. If the request for registration is not made within this period, it is presumed that the attorney has waived the registration; counter-evidence is permissible.

2. Proceedings initiated before the entry into force of this Act shall be continued under the new law.

1. This law is subject to an optional referendum.

2. The State Council is responsible for the execution of this law and will determine the date of its entry into force.