Ordinance on Lawyers' Fees (AnwGebV) (OHAV)

1 This Ordinance governs the remuneration to be determined by the judicial authorities for party representation by lawyers before conciliation authorities, civil courts, and criminal authorities.

2 The remuneration consists of the fee and the necessary expenses.

General Basis for Fee Assessment

1 The basis for the determination of the fee shall be

a. in civil proceedings: the amount in dispute or the value of the interest,

b. in criminal proceedings: the significance of the case,

c. the responsibility of the attorney,

d. the necessary time spent by the attorney,

e. the complexity of the case.

2 In the event of a manifest disproportion between the amount in dispute and the necessary time spent on representation, the fee calculated according to the ordinance shall be increased or decreased accordingly.

3 In criminal proceedings, the rule of paragraph 2 shall apply mutatis mutandis.

8 If the fee is based on the time spent, it typically amounts to CHF 150 to CHF 350 per hour, and for pro bono or official legal representations, it is typically CHF 220 per hour.

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215.3 Ordinance on Lawyers' Fees (AnwGebV)

B. Civil Procedure

Ordinary

Fee

a. Property-related

Disputes

1 The basic fee for conducting civil proceedings is

| Amount in Dispute (in Swiss Francs) | Fee (in Swiss Francs) |

| :----------------------------------- | :-------------------------------------------------------------------------------------- |

| up to 5,000 | 25% of the amount in dispute, but at least CHF 100 |

| over 5,000 up to 10,000 | 1,250 plus 23% of the amount in dispute exceeding CHF 5,000 |

| over 10,000 up to 20,000 | 2,400 plus 15% of the amount in dispute exceeding CHF 10,000 |

| over 20,000 up to 40,000 | 3,900 plus 11% of the amount in dispute exceeding CHF 20,000 |

| over 40,000 up to 80,000 | 6,100 plus 9% of the amount in dispute exceeding CHF 40,000 |

| over 80,000 up to 160,000 | 9,700 plus 6% of the amount in dispute exceeding CHF 80,000 |

| over 160,000 up to 300,000 | 14,500 plus 3.5% of the amount in dispute exceeding CHF 160,000 |

| over 300,000 up to 600,000 | 19,400 plus 2% of the amount in dispute exceeding CHF 300,000 |

| over 600,000 up to 1 million | 25,400 plus 1.5% of the amount in dispute exceeding CHF 600,000 |

| over 1 million up to 4 million | 31,400 plus 1% of the amount in dispute exceeding CHF 1 million |

| over 4 million up to 10 million | 61,400 plus 0.75% of the amount in dispute exceeding CHF 4 million |

| over 10 million | 106,400 plus 0.5% of the amount in dispute exceeding CHF 10 million |

b. Non-pecuniary disputes

Special proceedings

a. Marriage and registered partnership

2 If the responsibility or time commitment of the representation or the difficulty of the case is particularly high or low, the fee may be increased or decreased by up to one third.

3 In disputes concerning recurring uses or services according to Art. 92 CPC, the fee may be reduced by up to half.

1. In non-pecuniary disputes, the basic fee is determined according to the responsibility and necessary time spent by the lawyer and the complexity of the case. It typically ranges from CHF 1,400 to CHF 16,000.

2. If, within the scope of non-pecuniary disputes, pecuniary claims also need to be decided upon, which make the proceedings complex, the basic fee can be increased up to the amount that would be charged for deciding the pecuniary claims alone.

1 In divorce proceedings under Articles 274–294 CPC, the

basic fee is determined in accordance with § 5.

2 Pre-litigation efforts shall be adequately considered.

3 In marital protection cases, the fee determined under para. 1 and 2

can generally be reduced to one third to two thirds.

4 Paras. 1-3 apply mutatis mutandis to proceedings concerning registered

partnerships.

Ordinance on Lawyers' Fees (AnwGebV)

215.3

b. Guardianship-

Coercive Deprivation of Liberty

The basic fee for representation in proceedings concerning guardianship-coercive deprivation of liberty is generally CHF 100 to CHF 2000.

For representing multiple clients in the same proceedings, the fee is increased to reflect the additional work thereby caused.

Summary Proceedings

In summary proceedings, the fee is generally reduced to between two-thirds and one-fifth.

1. The fee is generally reduced to two-thirds to one-fifth for

a. Interim decisions within the meaning of Art. 237 CPC,

b. procedural orders for which court fees are set.

2. For recusal proceedings, requests for correction and clarification, the fee is CHF 200 to CHF 10,000.

1 The claim to the fee arises upon the preparation of the statement of claim or defence or the legal remedy. The fee also covers the expenses for participation in the main hearing.

2 For participation in additional hearings and for further necessary legal submissions, an individual surcharge of up to half of the fee according to para. 1 or § 13 respectively, or a lump-sum surcharge shall be calculated.

3 The sum of the individual surcharges or the lump-sum surcharge shall generally not exceed the fee according to para. 1 or § 13 respectively.

4 If a party has thoroughly informed its legal representative about the case (instruction) and the proceedings are subsequently concluded by settlement, withdrawal, or acknowledgement, the fee shall be reduced to half to one quarter.

1. Upon termination of party representation during ongoing proceedings, § 11 applies analogously.

**Limited-Time Representation**

2. If representation is assumed after the commencement of proceedings, the fee shall be reduced in accordance with the decrease in time required.

3. If representation is only assumed before an appellate instance, the fee reduction under § 13 paras. 1 and 2 may be waived.

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215.3

Ordinance on Attorney Fees (AnwGebV)

Appeal and

Complaint

Revision

Arbitration

Preliminary Proceedings

Criminal Procedure

1 In appeal or complaint proceedings, the fee is calculated based on what is still in dispute before the appellate body.

2 In the event of a definitive settlement of the dispute, the fee is reduced to one-third to two-thirds.

3 In special cases, particularly where the right to introduce new facts and evidence is extensively invoked, the reduction may be waived.

4 In complaint proceedings without a definitive settlement of the dispute, the fee is reduced to one-fifth to one-half.

1 The appellate body decides anew on the merits; the approaches of the original proceedings apply.

**2 If an appeal is dismissed, the fee is reduced to one to two thirds.**

1 In court proceedings where the state court participates in an

arbitration matter, the basic fee generally amounts to

Fr. 50 to Fr. 16,000.

2 The fee is reduced to two-thirds to one-fifth

a. for provisional and protective measures under Art. 374 CPC

and Art. 183 para. 2 of the Federal Act of 17 September 1987

on Private International Law,

b. for recognition and enforcement proceedings under the Convention

of 10 June 1958 on the Recognition and Enforcement of Foreign

Arbitral Awards (New York Convention)7.

3 In appeal proceedings against arbitral awards, the basic fee is

determined according to §§ 4 or 5.

C. Criminal Procedure

1 In preliminary proceedings under Art. 299 et seq. StPO6, the fee is determined by the necessary time spent on representation. The rates according to § 3 apply.

**2 If an indictment is filed, the fee is awarded by the court; otherwise, by the criminal prosecution authorities.**

1 For the conduct of criminal proceedings, including the preparation of

party submissions and participation in the main hearing, the basic fee is

generally

a. before the single-judge courts CHF 600 to CHF 8000,

b. before the district courts CHF 1000 to CHF 28000.

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Ordinance on Lawyers' Fees (AnwGebV)

2 Surcharges are calculated in addition to the basic fee

215.3

a. for each additional hearing (pre-trial hearing, settlement hearing,

preliminary taking of evidence),

b. for each further necessary legal pleading,

c. for hearing days extending beyond the first day, such as additional

hearings or hearings for the taking of evidence.

3 § 11 paras. 2 and 3 are applicable by analogy.

1 In appeal proceedings, the appeal fee is generally calculated

according to the rules applicable to the lower court. The procedure also takes

into account whether the judgment was challenged in full or only in part.

2 If, in appeal proceedings, only private law claims are in dispute

and have been asserted by way of adhesion, the fee is determined

according to § 9.

1 In appeal proceedings, the fee is CHF 300 to CHF 12,000.

2 If cost orders, claims for compensation, or the collection of realisable material or monetary assets are the subject of the appeal, the fee shall be determined according to § 9.

1. In revision proceedings, the fee is CHF 300 to c. Revision

CHF 12,000.

2. If the revision authority decides the matter anew, the rates for the original proceedings apply.

D. Further Provisions

In judicial administration proceedings, the judicial administration fee is determined by the necessary time spent on representation. The rates according to § 3 apply.

1 Necessary disbursements are in particular paid court expenses, travel expenses, postage, telecommunication costs, and photocopying costs.

2 Invoicing will not be remunerated.

1 The fee for the *unentgeltliche Rechtsbeiständin* or *Unentgeltliche*

*den unentgeltlichen Rechtsbeistand* or the official defence or official

is calculated according to this Ordinance.

Legal

representation

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215.3 Ordinance on Lawyers' Fees (AnwGebV)

2 It is determined after the lawyer has submitted a statement of the time spent and expenses to the court or the prosecuting authority. A request concerning the amount of the remuneration claimed may be combined with this statement.

3 Advance payments may be made in justified cases.

Repeal

of previous

law

Transitional

provision

E. Final provisions

The Ordinance on Lawyers' Fees of June 21, 2006, is repealed, subject to Article 25.

application of cantonal procedural law, the previous attorney's fee ordinance applies.

Transitional Provision on the Amendment of 4 December 2013

(Official Gazette 69, 473)

The hourly rate according to § 3 second half-sentence applies to expenses incurred after the entry into force of the amendment to the ordinance.

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1 Official Gazette 65, 898; for reasoning, see Official Bulletin 2010, 2007.

2 Entry into force: 1 January 2011.

3 LS 215.1.

4 SR 272.

5 SR 291.

6 SR 312.0.

7 SR 0.277.12.

8 Version according to decision of 4 December 2013 (Official Gazette 69, 473; Official Bulletin 2013-12-20). In force since 1 January 2015.