Ordinance of the High Court on Fees, Costs, and Compensation in Accordance with the Lawyers Act
Table of Provisions (16)
Statutory Text (16 Articles)
1 Basis for the Determination of State Fees for Proceedings under the Lawyers Act – General
The basis for the determination of state fees for proceedings under the Lawyers Act is the complexity of the case, the time spent by the authority, and the actual interest of the applicant party.
2 The state fees include writing and delivery fees, fees for summonses, and telecommunication costs.
1 The state fee for the bar examination and the issuance of the attorney's patent amounts to CHF 3,000 to CHF 6,000.
2 When determining the state fee, the incurred examination costs must be taken into account.
3 If parts of the examination had to be repeated, the state fee can be increased up to double the maximum amount according to para. 1.
4 In the event of withdrawal or rejection of an admission application and in the event of revocation of the examination admission, the state fee can be reduced to one tenth.
1 The state fee for the aptitude test according to Art. 31 of the Aptitude Act and for the interview to assess professional capabilities according to the Aptitude Test
1 The state fee for licenses according to § 5 of the Lawyers'
Act² (Venia) is CHF 500 to 800.
2 For extensions of the license, the state fee can be reduced by
up to half.
Disciplinary
proceedings
1 The state fee in disciplinary proceedings of the Supervisory
Commission over lawyers and for decisions
concerning the withdrawal of the attorney's license (§ 6 Attorney Act²) amounts
to Fr. 1000 to 5000.
2 In particularly extensive proceedings, the state fee can be increased
to double the maximum amount according to para. 1.
3 In exceptional cases, the state fee can be reduced to half of the
minimum fee according to para. 1.
Waiver and
Reissuance of
Attorney's License
In proceedings concerning refusal to accept
the waiver of the attorney's patent and concerning re-issuance
thereof, the state fee is Fr. 500 to 1500.
Release
from professional
secrecy
For the release from professional secrecy, the state fee amounts to Fr. 500 to 1000.
Entries
1 For proceedings concerning entry in the Lawyers’ Register
and the list pursuant to Art. 28 BGFA³ as well as for disputed entries
in the directory pursuant to § 16 para. 1 Lawyers’ Act², the
state fee is CHF 300 to CHF 1000.
2 If a disciplinary procedure is carried out in case of deletions,
the state fee shall be assessed according to § 5.
3 If the President orders the deletion, the state fee
is CHF 100 to CHF 200.
Certificates
For the issuance of a disciplinary certificate, the state fee is Fr. 50 to Fr. 100.
Appraisals
For the assessment of applications submitted to the High
Court, particularly pursuant to § 21 para. 2 lit. e of the Lawyers' Act², no
state fees will be charged.
Principle
B. Cost Recovery
The costs of proceedings under the Lawyers Act shall be imposed in accordance with the provisions of § 37 of the Lawyers Act².
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Ordinance on Fees, Costs and Remunerations
215.12
The state fees in accordance with Sections 2 and 3 of this Ordinance shall be advanced.
The Administrative Commission of the High Court may waive the state fees for directly affected persons in whole or in part, in accordance with §§ 2 and 3 of this Ordinance.
C. Party Indemnification
In proceedings under the Lawyers Act², no party costs are awarded.
D. Final Provision
1 OS 61, 349.
2 LS 215.1.
3 SR 935.61.
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Entry into force
of the Federal Act on the Free Movement of Lawyers of June 23, 2000 (BGFA)3 is CHF 1500 to 4000.
2 For each repetition of the aptitude test, the state fee amounts to half to three quarters of the state fee according to para. 1.
3 The other provisions of § 2 apply analogously.
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215.12
Ordinance on Fees, Costs and Remunerations
Authorizations