Ordinance of the Superior Court on the Supervisory Commission for Lawyers

This Ordinance, in addition to the Federal Act on the Freedom of Movement for Lawyers of June 23, 2000 (BGFA) and the Lawyers Act of the Canton of Zurich of November 17, 2003 (Lawyers Act), regulates the organization and conduct of business of the Supervisory Commission for Lawyers.

1 On the decisions of the Supervisory Commission in disciplinary proceedings and concerning patent revocation, which are deliberated orally, four members or substitute members elected by the High Court and three by the Bar Association participate.

2 Decisions on entries in the Bar Register and the public list are made by circular resolution by a panel of three. This panel consists of one member or substitute member elected by the Bar Association and two by the High Court.

3 In all other respects, § 20 of the Lawyers Act applies.

ensures expeditious processing.

tasks

2 For the handling of business and the submission of motions, she or he

designates a member or substitute member as rapporteur.

In simple or urgent cases, she or he can

personally prepare a motion or instruct the legal secretary

to do so; exceptionally, she or he may also submit motions in other cases.

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3 She or he

a. represents the Commission externally,

b. may order the circulation procedure,

c. may order the suspension of proceedings for sufficient reasons,

d. takes a position in appeal proceedings or decides on waiving a

statement of opinion,

e. may order provisional entries in the lawyers' register and in the

public list in urgent cases,

f. arranges for the deletion of a register entry upon a corresponding

request from a lawyer, as well as in the event of death,

g. provisionally releases lawyers from professional secrecy and makes

a final decision upon the client's consent to the release, in cases

where the matter becomes moot, or upon withdrawal of the request,

h. decides on requests for information from supervisory authorities of

other cantons and on requests for information within the meaning of

Art. 10 BGFA4,

i. approves the inspection of the decision registers or the issuance of

decisions for scientific purposes.

Procedure

Decisions

Signature

1 The proceedings are in writing; oral party hearings do not take place.

2 Business is dealt with in the sessions of the Supervisory Commission, unless the circular route is provided for or ordered.

3 Sessions generally take place once a month.

1 Decisions are made during oral deliberations in open

voting. The members and alternate members are obligated

to cast their votes.

2 The majority of votes decides.

1 Decisions of the Supervisory Commission concerning the

withdrawal of the attorney's licence and disciplinary proceedings shall be

signed by the President and the legal secretary. If the meeting is not chaired by

the President, it shall be signed by the member who chaired the meeting.

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2 Other decisions shall be signed by the legal secretary.

3 Communications shall bear the signature of the President and/or the legal secretary.

1 The Chancellery maintains control over the business of the Supervisory Commission, indicating the case number, the parties involved in the proceedings, the subject matter of the proceedings, the date of receipt and disposition, and the type of disposition.

2 The disposition decisions are collected chronologically in decision books.

3 The Supervisory Commission reports annually to the High Court on its activities.

1 If there is a legitimate interest, the Supervisory Commission may inform the public about the initiation of proceedings or a decision of the Supervisory Commission.

2 Supervisory authorities of other cantons shall receive, upon written request, information about disciplinary sanctions and pending disciplinary proceedings.

3 The release of files to other Swiss authorities or courts may be approved upon written request. The Supervisory Commission shall decide thereon at its own discretion. Documents containing statements from lawyers for which they have a right to refuse to testify in other proceedings shall not be released. The lawyers shall be given the opportunity to comment.

4 For scientific purposes, permission to inspect the judgment registers may be granted, provided that the applicant undertakes in writing to maintain confidentiality regarding the content, insofar as it concerns personal rights and business secrets. Under the same conditions, copies of rendered decisions may be handed out, but the names of the parties involved must be anonymized.

The Supervisory Commission decides on the publication of decisions in professional journals. This occurs without naming names. Considerations that facilitate the identification of those involved are to be omitted where possible.

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215.2 Supervisory Commission for Lawyers

II. Disciplinary Proceedings

Introduction

Procedural

position of the

complainant

Statement

Further

Proceedings

1 If it remains unclear in a denunciation what is being alleged,

clarification or supplementation will be urged with the acknowledgment of receipt.

The denouncer must be dissuaded from hopeless denunciations.

2 If it is unclear what is sought with a submission, it can be stated with the

acknowledgment of receipt that the submission will temporarily not be treated as a denunciation.

1 The complainant will be notified of the receipt of the complaint. No further involvement in the proceedings will occur.

2 Decisions will be communicated to them only in the event of an obligation to pay costs or compensation. In this case, they have a right to inspect the files.

1 Opening of disciplinary proceedings

1 If disciplinary proceedings are opened, the accused lawyer (accused person) shall be given a deadline to submit a statement. For valid reasons, an oral hearing may be ordered instead or in addition. The accused person shall be warned that in case of default, a decision may be made based on the files and a regulatory fine imposed.

2 The consultation of files from previous proceedings shall be indicated.

3 If protective measures are necessary with regard to the accused person's right to inspect the files, the Supervisory Commission shall decide thereon.

4 After the conclusion of an investigation, the accused person shall be given the opportunity to submit a supplementary statement.

1 The case is usually assigned to a rapporteur after the deadline for submitting a statement has expired. The Supervisory Commission may issue instructions for the investigation.

2 The rapporteur issues the orders and summonses necessary for the investigation of the facts and arranges for the measures in accordance with Art. 16 para. 2 and Art. 29 para. 2 BGFA4. She or he keeps a procedural record.

3 Hearings are minuted in accordance with the Court Organisation Act2. The minutes are kept by the legal secretary.

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4 The rapporteur prepares a written, reasoned proposal.

5 The case must be dealt with expeditiously.

1 If a case is ready for decision, the Supervisory Commission

typically decides at its next meeting based on the application of the

referring member.

2 The Supervisory Commission either determines a violation of a professional

rule and orders a disciplinary measure, or it closes the proceedings.

3 The decision contains a statement of reasons as well as the regulation

of cost and compensation consequences and information on legal remedies.

III. Loss of the attorney's license

1 For proceedings concerning the withdrawal of the attorney's license, the provisions on disciplinary proceedings apply.

2 A declaration of waiver within the meaning of Article 7, paragraph 1 of the Attorneys Act³ can be referred to the Supervisory Commission for assessment in accordance with paragraph 2 of this provision and for submitting a request to the High Court.

IV. Release from Professional Secrecy

of the Lawyers Act³.

2 Entries in the Register of Lawyers are published in the Official Gazette of the Canton of Zurich.

3 The registers are accessible via the internet, insofar as this is permissible taking into account data protection.

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215.2 Supervisory Commission for Lawyers

Applications for Entry

Procedure

Deletion

34 of the Lawyers Act³.

Lawyers Act³.

Discharge

V. Lawyers Register, Public List and Lawyers Directory

Official List pursuant to Art. 28 BGFA⁴ and the Lawyers' Register pursuant to Publicity

1 Applications for registration must be submitted in writing.

2 The documents to be submitted for assessing the personal requirements may not be older than three months.

3 With the application for registration in a register, proof of sufficient professional indemnity insurance must be provided. This must cover damage of at least CHF 1,000,000 per claim. The proof must contain the express obligation of the insurer to immediately inform the Supervisory Commission about the suspension or termination of the insurance.

1 The decision shall be communicated to the applicant. It shall contain a statement of reasons, the regulation of cost consequences, and information on legal remedies.

2 The decision regarding registration in the cantonal bar register shall additionally be communicated to the bar associations entitled to appeal.

gesetzes³.

**VI. Final Provisions**

1 This Ordinance comes into force on 1 January 2005.

2 The Rules of Procedure of the Supervisory Commission for Lawyers in the Canton of Zurich of 7 December 1983 are repealed.

6

1 OS 60, 6.

2 LS 211.1.

3 LS 215.1.

4 SR 935.61.