Regulation concerning the Lawyers Act (RLPAv) - Granting of the Internship a) Principle (RANWG)

1. Admission to the law internship requires a permit, which is granted by the competent department.

2. The internship can only validly commence after receiving the permit.

1. This legal ordinance applies for the first time to all candidates who are registered for the examination session in Spring 2020.

1. The individual intending to undertake a legal internship in the Canton of Valais must submit a written application to the competent department, providing evidence that they have completed a law degree equivalent to a licentiate, master's, or bachelor's degree at a Swiss higher education institution or possess an equivalent university diploma in accordance with Article 7 of the Federal Act on the Free Movement of Lawyers.

2. The application must include the following documents

a) * One or more confirmations of employment with a recognized internship supervisor as per Article 6 of the Act on the Legal Profession;

b) * An extract from the criminal record;

c) * A certificate from the debt enforcement and bankruptcy office evidencing that the applicant is neither in bankruptcy nor undergoing debt restructuring, and that they have no debts established by a provisional or definitive loss certificate.

d) * ...

1. This legal decree is applicable for the first time for the examination session in Spring 2020.

1. The internship involves continuous work and lasts at least 18 months.

2. The internship is generally required to be full-time. For important reasons, the competent department may approve a reduction in working hours; however, the reduction must not exceed 50 percent. If the working hours are reduced, the minimum duration of the internship shall proportionally extend.

3. Interruptions in the internship that exceed eight weeks in duration will not be credited towards the mandatory internship period.

1. Masters of internship training who were training interns as of January 1, 2022, may continue to do so until the completion of the internship, even if they do not meet the professional experience requirement mentioned in Article 4, Paragraph 2.

1. In order to ensure that the hiring and training of interns are as well-coordinated as possible, the internship supervisors shall consult with one another.

2. The internship supervisors in the legal profession must have been registered in the cantonal bar register as independent practitioners, partners, or employees for at least 2 consecutive years.

3. An internship supervisor may train a maximum of two interns simultaneously.

1. The internship supervisor personally trains the intern.

2. He dedicates the necessary time to the training and ensures that the intern receives a comprehensive and as varied as possible practical training.

3. The internship supervisor ensures that the intern fulfills the obligations set forth in Article 7.

4. He grants the necessary accommodations for attending courses and seminars.

1. The internship supervisor is required to fill out a form concerning the progress of the internship every six months, which is provided by and under the responsibility of the competent department.

2. These confirmations address the nature and scope of the intern's activities. They mention any interruptions lasting more than eight weeks that are not counted towards the required internship period.

1. The intern shall during their internship

a) maintain consistent interactions with the courts and administration;

b) work regularly under the guidance of the internship supervisor;

c) attend training courses and seminars organized for their education, particularly those arranged by the Valais Bar Association or the Association of Valais Interns in Law and Notarial Practice;

d) appear and present cases before the courts.

1. The purpose of the examination is to determine whether the candidate possesses the knowledge and skills required for the practice of the legal profession.

2. The examination covers theoretical and practical legal knowledge, particularly in the main areas of substantive law and procedure, as well as professional duties.

3. It consists of a written and an oral part.

1. There are two examination sessions held annually, one in the spring and the other in the fall.

2. The written examination is computer-based and takes place in the first half of the month of April and October, respectively.

3. The date of the oral examinations is determined by the examination committee; candidates are informed at least one week in advance.

1. The competent department has the primary responsibility to decide on the admission of a candidate to the examination.

1a Only trainees who have completed legal studies with a licentiate or master's degree from a Swiss university or hold an equivalent university diploma in accordance with Article 7 of the Federal Act on the Free Movement of Lawyers are admitted to the examination.

2. Applications for admission must be submitted in writing to the department, by March 1st for the spring session and by September 1st for the autumn session.

3. Candidates are only admitted if verification confirms that the conditions are met upon review of the internship certificates as per Article 6, and the following fee has been paid

a) * 800 Swiss francs for the written examinations;

b) * 800 Swiss francs for the oral examinations.

4. No additional fee is charged for the issuance of the diploma; it is included in the examination fee according to paragraph 3.

1. The provisions of the Law on Administrative Procedure and Administrative Justice concerning recusal are applicable to the members of the Commission.

2. In the event of the recusal of members or their deputies, the Council of State shall designate the representatives; the Commission must be constituted as provided by law or in these regulations.

1. The members of the examination commission shall be compensated as follows

a) * 600 Swiss Francs for the preparation of topics;

b) * 300 Swiss Francs per candidate, for the correction of written examination papers;

c) * 450 Swiss Francs per candidate, for oral examinations;

d) * 150 Swiss Francs for supervision during written examinations.

2. Additionally, the resolution regarding commission compensations is applicable.

1. The written examination includes the drafting of a paper in the following areas of law

a) Civil law and civil procedure law;

b) Criminal law and criminal procedure law;

c) Public law and administrative procedure law.

1. The oral examination consists of two parts.

2. The first part includes an inquiry into

a) the main areas of the written examination, namely civil and civil procedural law, criminal and criminal procedural law, public law, and administrative procedural law;

b) bankruptcy and insolvency law, legislation concerning legal practice, and professional duties.

3. The second part consists of a plea that concerns a case pending before a court or a topic selected by the commission.

1. The examination shall be taken, at the candidate's discretion, in either French or German.

2. The candidate who has passed the written examination shall be admitted to the oral examination.

3. Furthermore, the commission shall establish the examination procedures and inform the candidates thereof.

1. Each candidate is allocated four hours for every written examination.

2. Each examination is conducted without interruption, under the supervision of a member of the commission.

3. Every candidate is provided with examination materials on paper and limited internet access to federal and cantonal legislation.

4. Any candidate who unlawfully influences or attempts to influence the results of the examinations, particularly through the use of unauthorized means, will be excluded from the session, and their examinations shall be deemed as failed.

1. The first part of the oral examination (interrogation) takes place before the commission and lasts two hours. All admitted candidates are questioned one after the other.

2. The candidate is allotted six consecutive hours in isolation to prepare the plea.

3. ...

1. The written and oral examinations shall be graded on a scale of 1 to 6. A grade of 4 signifies that the performance is sufficient. Grading shall be in whole or half grades.

2. The candidate shall receive three grades for the written examination, one grade for each written test.

3. For the oral examination, the candidate shall receive five grades, namely

a) one grade for each oral examination in the three main areas;

b) a composite grade for the areas of Bankruptcy and Insolvency Law, Legislation on Legal Practice, and Professional Duties;

c) a grade for the plea.

1. The candidate has passed the written examination if they achieve an average grade of 4 in the written examination papers and have not received two grades below 4.

1. An examination shall be deemed passed if an average grade of 4 is achieved in both the written and oral examinations. Conversely, the examination shall be deemed not passed if the candidate has received the following in the written or oral examinations combined

a) three times a grade of 3.5 or a lower grade;

b) twice a grade of 2.5 or a lower grade;

c) once a grade of 1.

2. Any candidate who withdraws from the examination without a valid reason, fails to appear, or abandons the examination during its course shall be deemed not to have passed. The commission shall decide on the existence of a valid reason.

3. A candidate caught cheating shall be deemed not to have passed the examination. The candidate may retake the examination no sooner than one year later.

1. The commission shall submit a report to the competent department within 15 days after the end of the examination session containing the following details for each candidate

a) the examination result;

b) the grade received for each examination; inadequate grades shall be briefly justified.

2. The competent department shall inform each candidate of the decision of the commission regarding the evaluation of the examinations.

3. A candidate who fails the oral examination is not required to retake the written examination, provided they were sufficient in all areas of the written examination.

1. Appeals against decisions of the competent department may be lodged with the Council of State, and those against the examination board decisions may be lodged with the Cantonal Court.

2. Subject to special provisions of the law or of these regulations, the procedure is governed by the Law on Administrative Procedure and Administrative Justice.

3. A candidate who wishes to claim a violation of a legal or regulatory provision alleged to have occurred before or during the examination must assert this immediately upon becoming aware of it, failing which it will be forfeited.

1. Complaint and response documents to the Supervisory Chamber must be submitted in duplicate.

2. The decisions of the Chamber are communicated

a) * to the administrative supervisory authority of the lawyers;

b) * to the competent department responsible for the collection of fines and costs;

c) * ...

d) * ...

3. The appeal decision of the Cantonal Court is communicated to the administrative supervisory authority of the lawyers.

4. The Supervisory Chamber informs the complainant about the action taken following the complaint.

5. Otherwise, the procedure is governed by the Law on Administrative Procedure and Administrative Jurisdiction.

1. The imposition of costs and expenses, their reimbursement, advances on costs, and the provision of securities are governed by the Law on Administrative Procedure and Administrative Jurisdiction.

2. The tariff of costs and expenses is determined by the Law concerning the Tariff of Costs and Compensation before Court and Administrative Authorities.

1. The President of the Supervisory Chamber receives

a) an annual lump sum of 4,000 francs for ensuring a consistent practice of supervision over lawyers and fulfilling his administrative and organizational duties related to the function as the first instance authority;

b) the same compensation as the other members of the Supervisory Chamber for reviewing and rendering disciplinary decisions.

2. The compensations granted to the members of the Supervisory Chamber for reviewing and rendering disciplinary decisions are determined as follows

a) per day: 500 francs;

b) per half-day: 250 francs;

c) per hour: 60 francs.

3. Travel expense reimbursements are determined in accordance with the decree on commission compensations.

1. All provisions conflicting with this regulation are repealed, in particular the implementing regulations concerning the Law on the Legal Profession and Judicial and Administrative Legal Assistance dated June 14, 1989.

1. The candidate who commenced their internship before the enactment of these regulations may, upon application for admission to the examination, request to take the examinations according to the provisions of the old regulations.

1. This regulation shall enter into force simultaneously with the law.