Lawyers Act

This Act, in supplement to the Federal Act on the Freedom of Movement of Lawyers of June 23, 2000 (BGFA), governs the legal profession, specifically the acquisition of the lawyer’s license, the practice of the profession in the canton, and the supervision of lawyers.

II. Lawyer's License

The High Court grants the attorney's license to applicants who

a. meet the personal requirements of Art. 8 para. 1 lit. a-c BGFA9 and are trustworthy, and

b. have passed the bar examination.

1. Admission to the bar examination is granted to those who

a. meet the professional and personal requirements of Art. 7 para. 1 lit. a BGFAº and § 2 lit. a; and

b. provide evidence of at least one year of practical experience in the Zurich judicial system.

2. After hearing the Bar Examination Commission, the High Court may waive part of the bar examination if the applicant provides evidence of many years of successful professional activity at Zurich courts or in public administration.

1. The High Court elects a commission for a six-year term of office to conduct the bar examination. It designates one of its members as president.

Bar Examination Commission

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Lawyers Act

2 Eligible as members or substitute members are

a. Members of the Zurich courts or the Federal Supreme Court,

b. Law professors at Swiss universities,

c. Lawyers with a business address in the canton who are entered in a cantonal register of lawyers or in the list of lawyers.

Provisional License (Venia)

1 The High Court may permit attorneys, under their responsibility,

to employ persons preparing for the Zurich bar examination for activities

within the scope of the legal services monopoly.

2 The permit shall be granted if:13

a. the attorney is authorized to practice within the scope of the legal services

monopoly, has a business address in the canton, and is registered in a

cantonal bar register; and

b. the person to be admitted meets the requirements for admission to the

bar examination, with the following professional requirements being sufficient

1. completion of a legal degree program within the meaning of Art. 7

para. 1 lit. a BGFA and a six-month internship, or

2. completion of a legal degree program with a Bachelor's degree

and a one-year internship.

3 The permit shall be granted for a period of one year. It can generally

be extended by a maximum of one year.

4 The permit may be refused or revoked if the attorney or the person

to be admitted has committed a serious breach of professional rules.

1 The Supervisory Commission shall withdraw the attorney’s license from the holder if they are no longer legally competent or trustworthy, and if the protection of the legal-seeking public and the administration of justice cannot otherwise be ensured.

2 An entry in the cantonal attorney register is not a prerequisite for a license withdrawal.

3 The procedure shall be governed by the provisions concerning disciplinary proceedings.

Loss

a. Withdrawal

1 The holder of the attorney’s license may submit a written declaration to the Cantonal Court to waive the attorney’s license.

**b. Waiver**

**2 The Cantonal Court may refuse to accept the waiver if the revocation of the license is imminent due to a criminal conviction.**

**Law on Attorneys**

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c. Reinstatement

1 If the holder was not trustworthy at the time of the withdrawal or acceptance of the waiver, the High Court may reinstate the attorney's license if the protection of the legal public and the administration of justice permits, but no earlier than after five years.

2 Reinstatement is excluded as long as a criminal professional ban is in effect.

3 The High Court may order the complete or partial repetition of the bar examination.

The acquisition and loss of the attorney's license are published in the Official Gazette.

III. Professional Practice

Legal Profession

The legal profession is practiced by those who possess a lawyer's license and represent persons in proceedings before courts, other authorities, or in relation to third parties, or advise on legal matters, appearing under the professional title of "Rechtsanwältin" or "Rechtsanwalt" (attorney-at-law) or an equivalent designation.

15 1 The following activities are reserved for lawyers registered in the cantonal register of lawyers or enjoying freedom of movement according to the BGFA9 monopoly

a. the defense and the professional representation of private plaintiffs or other parties involved in criminal proceedings before the criminal authorities,

b. the professional representation in civil proceedings before conciliation authorities and courts.

**2 The following are also authorized to operate within the scope of the legal monopoly:**

a. representatives in the sense of Art. 68 para. 2 lit. d ZPO6 before the rent and labor courts up to a dispute value of CHF 30,000,

b. representatives according to Art. 27 SchKG7 in matters of summary proceedings according to Art. 251 ZPO6.

**3 Non-professional defense in misdemeanor criminal proceedings is exempt from the legal monopoly.**

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Persons practicing the legal profession in the canton are subject to the supervision of the Supervisory Commission.

1. Professional Secrecy and Professional Rules according to BGFA⁹

apply mutatis mutandis also to lawyers who practice the legal profession but are not subject to the BGFA.

2. If provisions of this Act are violated, disciplinary measures according to Art. 17 BGFA can be ordered. The validity and notification of a professional ban, the statute of limitations for disciplinary prosecution, and the deletion of disciplinary measures in the lawyers' register are governed by Art. 18–20 BGFA⁹.

Lawyers who are not subject to the BGFA shall use

a. the professional title conferred upon them with their license, if they hold a Swiss lawyer's license,

b. their original professional title in the official language of their country of origin, specifying the professional organization to which they are subject, the court before which they are admitted according to the regulations of that state, or another reference to the origin of the professional title, if they hold a foreign lawyer's license.

1. Lawyers who practice the legal profession with a business address in the canton, without being registered in a cantonal lawyers' register or a list according to Art. 28 BGFA, must notify the Supervisory Commission of the commencement and termination of their professional activity. They must disclose their relevant data in the directory and communicate any changes.

2. The directory contains the personal data according to Art. 5 para. 2 lit. a, b, d and e BGFA⁹. Access to the directory is governed by Art. 10 BGFA⁹.

1 The fees of the lawyer are determined by the agreement made with the client.

2 In official defense cases and gratuitous legal representation, the authorities set the compensation of the lawyer.

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Lawyers Act

IV. Supervisory Commission

1. Organization

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1 The Supervisory Commission over Lawyers – Composition

The Supervisory Commission over Lawyers consists of seven members and seven alternate members.

**2** A court clerk of the High Court leads the legal chancellery.

1 Election of Members for the Term of Office of the High Court

The following are elected

a. by the High Court, four members, including the President, and four substitute members;

b. by lawyers practicing their profession with a business address in the canton, three members and three substitute members.

2 For the election under lit. b, the High Court appoints an electoral office of five members, two of whom belong to the legal profession.

3 At the beginning of a term of office, the members of the Supervisory Commission elect the Vice-President from among themselves.

Regarding the decisions of the Supervisory Commission, subject to

provisions to the contrary, three members elected by the High Court and two

members elected by the Bar Association participate.

2. Duties

1 The Supervisory Commission supervises persons who practice the legal profession in the Canton.

2 It is particularly responsible for the following tasks

a. the withdrawal of the attorney's license,

b. maintaining the register of attorneys, the public list according to

1 The management of business affairs is incumbent upon the President. She or he leads the meetings and the written procedure.

2 If an investigation must be carried out for a matter, the President entrusts a member with it.

1 Negotiations before the Supervisory Commission are not public.

2 Deliberations take place under exclusion of the public and the parties.

1 Decisions are made following oral deliberation.

**2 The court clerk has an advisory vote.**

**3 In cases of unanimity, decisions may be reached by circular resolution.**

1 Proceedings before the Supervisory Commission and its decisions are subject to official secrecy.

**2 The Supervisory Commission may inform the public about the initiation of proceedings or a decision of the Supervisory Commission if there is a legitimate interest in doing so.**

The provisions of the Administrative Justice Act concerning administrative procedure apply additionally.

4. Maintenance of the lawyers' register and the list pursuant to Art. 28 BGFA⁹

1 Requests for entry in the lawyers' register shall be made in writing.

**2 The applicant shall demonstrate that they meet the requirements for entry. They shall declare in writing that they release authorities and private individuals from the duty of maintaining official or professional secrecy, insofar as this is necessary for the assessment of the request.**

**3 The decision regarding entry shall be communicated to the lawyers' associations entitled to appeal.**

**Lawyers Act**

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BGFA and the Bar Register,

c.

the conduct of disciplinary proceedings,

d. the decision on release from professional secrecy,

e.13 the evaluation of applications for re-issuance of the bar

license.

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3. General Procedural Provisions

Law on Attorneys

Presidential

powers

Publicity

Deliberation and

Decision

Official Secrecy

Supplementary

provisions

Maintenance of the

Bar Register

a. Registration

1 Applications for registration in the list according to Art. 28 BGFA must be submitted in writing.

2 The provisions regarding deletion from the attorneys' register apply to deletion from the list.

1 The proceedings are initiated

a. based on a written denunciation or a report in accordance with

1. **Retrieval of Prior Records**

If proceedings are initiated, files from earlier disciplinary proceedings are retrieved.

2. **Opportunity for the Accused to Comment**

The accused person is given the opportunity to comment.

Once the evidence has been gathered and the statements required

under the BGFA obtained, the accused person shall be given the

opportunity to submit written motions for the final decision and to

substantiate them.

Person

Final Motions

of the Accused

Person

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6. Release from Professional Secrecy

Lawyers Act

Request

Release

Provisional

Release

Costs

Imposition of Costs

and Party

Indemnity

A lawyer may request the Supervisory Commission in writing to be released from professional secrecy if the client does not consent or if consent cannot be obtained.

1 The client is given the opportunity to comment on the request. This is waived if it is clear from the outset that the client is unable to release the lawyer from professional secrecy.

2 If no statement is submitted, the lawyer is required to provide a conscientious declaration that no interests of higher value will be violated by the release.

3 The Supervisory Commission releases the lawyer from professional secrecy if the interest in disclosure is clearly higher than the client's interest in confidentiality.

1 To the extent necessary to safeguard the interests of the legal representation, the President shall release the lawyer from professional secrecy without hearing the client if

a. the lawyer credibly demonstrates that his or her legitimate interests, in particular in obtaining an attachment order, can only be safeguarded if the prior hearing of the client is waived, and

b. he or she provides the conscientious declaration within the meaning of § 34 para. 2.

2 The client shall be given the opportunity to comment subsequently. The Supervisory Commission shall decide on the definitive release.

V. Costs, Party Compensation and Legal Protection

15 To cover the costs of proceedings under this

Act, participants shall pay fees and expenses.

1 Cost Order and Party Compensation are governed by the provisions of the Administrative Justice Act concerning administrative procedure.

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Lawyers Act 215.1

2 The costs of disciplinary proceedings and proceedings concerning the withdrawal of the lawyer's license are imposed according to the provisions of the Code of Criminal Procedure. However, in the case of a waiver of the lawyer's license and its reissuance, the costs are always borne by the affected lawyer.

3 In proceedings initiated pursuant to a report under Art. 15 BGFA⁹ or § 39, no costs shall be imposed on the reporting parties.

Against orders issued in application of the BGFA or this Act, an appeal may be lodged with the Administrative Court in accordance with §§ 41 et seq. of the Administrative Justice Act.

VI. Reporting Obligation and Penal Provisions

1 Courts and Administrative Authorities of the Canton and the Reporting Obligation

Municipalities shall report to the Supervisory Commission any observations

a. that give rise to suspicion that a lawyer has violated professional rules or other provisions of this law or the Federal Act on Lawyers (BGFA);

b. on the basis of which removal from the lawyers' register, from the list pursuant to Article 28 BGFA, or from the lawyers' directory, or revocation of the licence to practise law, may be considered.

2 If the investigating authority has made a report based on criminal proceedings, it shall inform the Supervisory Commission of the final decision in the criminal proceedings.

1 Violation of the Attorney Monopoly

Whoever operates within the scope of the attorney monopoly without being authorized to do so will be fined up to 20,000 Swiss Francs by the Governor's Office.

**2-11**

13 Whoever, before the conclusion of a legal dispute, commercially agrees to undertake or arrange legal representation in exchange for a share of the proceeds of the lawsuit, without being in possession of a lawyer's license, shall be punished by the Governor's Office with a fine of up to 20,000 Swiss francs.

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215.1 Attorneys Act

Unauthorized Use of Professional Title

1 Whoever, without being in possession of a lawyer's license, uses the professional title of attorney-at-law (Rechtsanwältin or Rechtsanwalt) or an equivalent designation, shall be punished by the Governor's Office with a fine up to 5000 Swiss francs. 211

Amendment to previous law

Lawyer's licenses under previous law

Admission to practice in the area of the legal profession's monopoly under previous law

Register of Lawyers

VII. Concluding and Transitional Provisions

a. The Administrative Justice Act of May 24, 1959: . . .10

b. The Code of Civil Procedure of June 13, 1976: . . .10

The following laws are amended as follows

Existing Zurich attorney licenses at the time this Law comes into force are equivalent in the Canton to those granted under this Law.

1 Persons who are no longer authorized to represent clients within the scope of the attorney monopoly under this law may continue to represent clients in a pending proceeding until the final decision of the respective instance.

2 Holders of a Zurich attorney's license who are authorized to practice within the scope of the attorney monopoly at the time this law comes into force remain admitted. Their authorization lapses if an application for entry into a cantonal attorney's register is not submitted within three months of the entry into force of this law, or if such application is rejected.

3 Persons who cannot be entered into an attorney's register solely because their attorney examination was waived based on § 2 para. 2 of the Law on the Legal Profession of July 3, 1938, remain authorized to practice within the scope of the attorney monopoly. This also applies to attorneys with a Zurich attorney's license employed by them, provided they meet the personal requirements under Art. 8 para. 1 lit. a–c BGFAº and are capable of practicing the legal profession independently.

Lawyers who practice law with a business address in the canton without being entered in a cantonal register of lawyers or a list according to Art. 28 BGFA⁹, must notify the Supervisory Commission within three months of the entry into force of this Law.

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1 This Act also applies to proceedings that are pending

at the time of its entry into force.

Proceedings

2 The jurisdiction of the instance before which proceedings are pending at the time

of the entry into force of this Act shall be governed by the previous law.

1. The High Court shall regulate, by ordinance, the following areas in particular

a. the content and conduct of the bar examination,

b. the taking of the aptitude test according to Art. 31 BGFA⁹ and the conduct of the interview to assess professional capabilities according to Art. 32 BGFA⁹,

c. the remuneration for party representation by lawyers in proceedings according to § 11 para. 1 and the principles of compensation for official defenses and unremunerated legal representations (lawyers' fees),

d. the conduct of the election of the members and substitute members of the Supervisory Commission to be elected by the bar,

e. the organization and management of the Supervisory Commission,

f. the remuneration of the members of the Bar Examination Commission and the Supervisory Commission,

g. the fees, costs, and compensation for proceedings according to this Act,

h. the control and implementation of Art. 12 lit. f BGFA concerning professional liability insurance.

2. The ordinance according to lit. c requires approval by the Cantonal Council. The fees for party representation shall be assessed according to the efforts necessary to settle the legal dispute, and taking into account the value in dispute or the value of the interest.

3. The basis for assessing state fees according to para. 1 lit. g shall be the difficulty of the case, the time spent by the authority, and the actual interest of the applicant. The fees and costs may be combined into a single fee.¹²

With the entry into force of this Act, the Act on the Repeal of the Former Law on the Legal Profession of July 3, 1938, is repealed.

Former Law

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Transitional Provisions for the Amendment of October 27, 2008

(OS 64, 105)

1 Holders of the Zurich bar admission who, solely due to the lack of professional qualifications,