This Act guarantees the free movement of lawyers and lays down the principles applicable to the exercise of the profession of lawyer in Switzerland.

¹ This Law shall apply to holders of a patent of lawyers who, within the framework of a monopoly, practise legal representation in Switzerland.

² It determines the manner in which lawyers who are nationals of the Member States of the European Union (EU) or of the European Free Trade Association (EFTA) can be represented in court. ¹

³ These rules also apply to Swiss nationals who are entitled to practise the profession of lawyer in an EU or EFTA Member State ² Under a title appearing in the Annex.

¹ The right of the cantons to lay down, within the framework of this Law, the requirements for obtaining a lawyer's patent shall be reserved.

² It is also reserved for the right of the cantons to authorize holders of patent rights to represent parties before their own judicial authorities.

Any lawyer registered in a cantonal register of lawyers may practice legal representation in Switzerland without further authorisation.

¹ Each canton shall establish a register of lawyers who have a professional address in the cantonal territory and who fulfil the conditions laid down in art. 7 and 8.

² The registry contains the following personal data:

A.

The name, first name, date of birth and place of origin or nationality;

B.

A copy of the legal patent;

C.

Certificates that establish that the conditions set out in s. 8 are completed;

D.

The business address (s) and, where applicable, the name of the study;

E.

Disciplinary measures not written off.

³ It is held by the law enforcement authority.

¹ The lawyer who holds a patent for a cantonal lawyer who intends to practice representation in court must apply for registration in the register of the canton in which he has his business address.

² The supervising authority shall register the registrant if it meets the conditions set out in ss. 7 and 8.

³ It publishes the registration in an official cantonal body.

⁴ The association of the lawyers of the canton concerned has a right of appeal against the inscriptions in the cantonal register of lawyers.

¹ In order to be registered in the Register, the lawyer must be a lawyer. The cantons may grant such a patent only if the holder has carried out:

A.

Studies of law sanctioned either by a licence or a master's degree awarded by a Swiss university, or by an equivalent degree issued by a university of one of the states that have entered into a mutual recognition agreement with Switzerland Degrees;

B.

An internship of at least one year in Switzerland and assented to by a review of theoretical and practical legal knowledge.

² The cantons in which Italian is the official language may recognise a foreign diploma obtained in the Italian language equivalent to a licence or master's degree.

³ Bachelor of law is a sufficient condition for admission to the traineeship.

¹ In order to be registered in the Register, the lawyer must fulfil the following personal conditions:

A.

Exercise civil rights;

B. ¹

Not be subject to a criminal conviction for acts incompatible with the profession of lawyer, unless that conviction is no longer on the private extract from the criminal record;

C.

Not be the subject of an act of default on property;

D.

Be able to practice independently; it can only be used by persons who are registered in a cantonal register.

² A lawyer who is employed by a recognised organisation of public utility may apply to be registered in the register provided that the conditions laid down in para. 1, let. A to c, and to limit his activity as a defender to warrants strictly for the purpose of that organization.

A lawyer who no longer fulfils any of the conditions of registration shall be deleted from the register.

¹ Are allowed to consult the register:

A.

The federal and cantonal judicial and administrative authorities to which the lawyer carries on business;

B.

The judicial and administrative authorities of the EU or EFTA States before which a lawyer registered in the register carries out its activities;

C.

The cantonal monitoring authorities of lawyers;

D.

The lawyer, for the indications concerning him.

² Everyone has the right to ask whether a lawyer is registered in the Register and whether he is prohibited from practising.

The register data necessary for the allocation and use of the Business Identification Number as defined in the Federal Act of 18 June 2010 on the Business Identification Number ² , are reported to the Federal Statistics Office.

¹ The lawyer makes use of his professional title of origin or of the equivalent title issued in the canton in which he is registered.

² In his business relations, he mentions his entry to a register or a cantonal bar.

Counsel is subject to the following professional rules:

A.

Exercising his or her profession with care and diligence;

B.

It carries out its professional activity independently, in its personal name and under its own responsibility;

C.

It avoids any conflict between the interests of its client and those of the persons with whom it relates professionally or privately;

D.

It may advertise, provided that it is limited to objective facts and that it meets the general interest;

E.

It cannot, before the conclusion of a case, enter into an agreement with its client by which the latter would agree to make the fees dependent on the outcome of the case; nor is it able to commit to forfeit its fees in the case of An unfavourable outcome of the trial;

F. ¹

It must be for the benefit of a professional liability insurance offering a cover adapted to the nature and extent of the risks associated with its activity; the sum covering the damaging events for a year must be at least One million francs; equivalent security rights can replace civil liability insurance;

G.

It is obliged to accept ex officio defences and warrants for legal aid in the canton in whose register it is registered;

H.

It retains the assets entrusted to it and its assets separately;

I.

Accepting a warrant, informing the client of the terms and conditions of invoicing and providing information periodically or at the request of the client on the amount of the fees due;

J.

It shall communicate to the supervisory authority any amendment relating to the particulars of the register concerning it.

¹ A lawyer shall be subject to professional secrecy for all matters entrusted to him by his clients in the performance of his profession; this obligation shall not be limited in time and shall be applicable to third parties. The fact of being unbound by professional secrecy does not oblige counsel to disclose facts that have been entrusted to him.

² It shall ensure that its auxiliaries respect professional secrecy.

Each canton appoints an authority responsible for the supervision of lawyers practising legal representation on its territory.

¹ The cantonal judicial and administrative authorities shall without delay announce to the supervisory authority of their canton the lack of a personal condition within the meaning of Art. 8, or the facts likely to constitute a breach of the professional rules.

² The federal judicial and administrative authorities shall without delay announce to the supervisory authority of the canton in whose register the lawyer is registered the absence of a personal condition within the meaning of s. 8, or the facts likely to constitute a breach of the professional rules.

¹ The supervisory authority which initiates disciplinary proceedings against a lawyer not registered in the register of the canton must inform the supervisory authority of the canton in whose register the lawyer is registered.

² If it intends to take disciplinary action, it shall give the supervisory authority of the canton to whose register the lawyer is registered the opportunity to file its observations on the outcome of the investigation.

³ The result of the proceedings shall be communicated to the supervisory authority of the canton in whose register the lawyer is registered.

¹ In the event of a violation of this Law, the supervisory authority may impose the following disciplinary measures:

A.

Warning;

B.

Blame;

C.

A fine of not more than 20 000 francs;

D.

The temporary ban on practising for a maximum of two years;

E.

The definitive prohibition of practice.

² The fine may be combined with a prohibition of practice.

³ If necessary, the supervisory authority may provisionally withdraw the authorisation to practice.

¹ The ban on practice has effect throughout Switzerland.

² It shall be communicated to the supervisory authorities of the other cantons.

¹ Disciplinary action shall be prescribed for a period of one year from the day on which the supervisory authority has been informed of the facts in question.

² The time limit shall be interrupted by any act of instruction of the Supervisory Authority.

³ Disciplinary action is, in any case, prescribed by ten years from the Commission on the facts in question.

⁴ If the breach of the professional rules constitutes an act punishable under criminal law, the longer time limit laid down in criminal law applies to disciplinary proceedings.

¹ The warning, reprimand and fine shall be deleted from the Register five years after delivery.

² The temporary prohibition of practice shall be removed from the register ten years after the end of its effects.

¹ A lawyer who is a national of an EU or EFTA Member State entitled to practice in his or her State of origin under one of the names listed in the Annex may practice legal representation in Switzerland in the form of service provision.

² The lawyer providing services is not registered in the cantonal register of lawyers.

The federal and cantonal judicial authorities before which the service lawyer carries out his activity and the supervisory authorities of the lawyers may ask him to establish his or her status as a lawyer.

For proceedings where the assistance of a lawyer is compulsory, the lawyer providing services shall act in conjunction with a lawyer registered in a cantonal register of lawyers.

The lawyer providing services shall use his or her professional title of origin expressed in one of the official languages of the State of origin, accompanied by the name of the professional body to which it belongs or that of the court Which it is entitled to exercise in accordance with the law of that State.

The lawyer providing services shall be subject to the professional rules laid down in Art. 12, with the exception of those relating to ex officio defences and warrants for legal assistance (let. G) and the register (let. (j).

The supervisory authority shall inform the competent authority of the State of origin of the disciplinary measures it has taken against the lawyer providing services.

¹ A lawyer who is a national of an EU or EFTA Member State entitled to practice in his or her State of origin under a title set out in the Annex may practice legal representation in Switzerland on a permanent basis, under his or her professional designation of origin, After registering in the table.

² Art. 23 to 25 are applicable.

¹ The supervisory authority shall maintain a public table of lawyers of the EU or EFTA States authorised to practice legal representation in Switzerland on a permanent basis under their original title.

² The lawyer registers with the supervisory authority of the canton in whose territory he has a business address. He shall establish his or her legal status by filing a certificate of registration with the competent authority of his or her State of origin; this certificate shall not be more than three months old.

³ After registering the lawyer in the table, the supervisory authority shall inform the competent authority of the State of origin.

¹ Before initiating disciplinary proceedings against a lawyer who is a national of an EU or EFTA Member State permanently practising in Switzerland under his or her original title, the supervisory authority shall inform the competent authority of the State of Provenance.

² The supervisory authority shall cooperate with the competent authority of the State of origin during the disciplinary procedure, including the possibility of submitting observations.

¹ A lawyer who is a national of an EU or EFTA Member State may be registered in a cantonal register of lawyers without fulfilling the conditions laid down in Art. 7, let. B:

A.

If he has passed an aptitude test (s. 31), or

B.

If he or she has been registered for at least three years in the table of lawyers practising under their original professional title and:

1.

That it justifies during that period of actual and regular activity in Swiss law, or

2.

That he justifies an effective and regular activity of a lesser duration under Swiss law and that he has successfully spent an interview on his professional qualifications (Art. 32).

² He then enjoys the same rights and obligations as a lawyer who holds a cantonal patent on the register.

¹ Can present themselves to the aptitude test for lawyers who are nationals of the EU or EFTA States who:

A.

Have successfully completed a study cycle with a minimum duration of three years in a university and, where appropriate, the additional training required in addition to this study cycle, and

B.

Have a diploma allowing the exercise of the profession of lawyer in an EU or EFTA Member State.

² The Board of Examinations of Counsel for the Township on whose register the lawyer wishes to be registered shall pass an aptitude test.

³ The test covers matters which are included in the programme of the cantonal examination of access to the profession of lawyer, and which are substantially different from those included in the course of the training followed by the candidate in his State of Provenance. The content of the test shall be determined taking into account also the professional experience of the candidate.

⁴ The aptitude test can be passed twice.

¹ The Committee on Examinations of Counsel for the Canton in which the lawyer wishes to be registered shall be competent to assess the professional competence of the lawyer in an interview.

² It is based, in particular, on the information and documents produced by the lawyer relating to his activity in Switzerland.

³ It takes into account the knowledge and professional experience of the lawyer in Swiss law, as well as his participation in courses or seminars on Swiss law.

A lawyer may use, in addition to the professional title of the canton in which he is registered, his or her professional designation of origin.

¹ The cantons regulate the procedure.

² They provide for a simple and rapid procedure for the examination of the conditions of entry in the cantonal register.

... ¹

Holders of patent rights granted in accordance with the former cantonal law are registered in a cantonal register if they can obtain an authorization to practice in the other cantons under Art. 196, c. 5, of the Constitution.

¹ This Law shall be subject to the referendum.

² The Federal Council shall fix the date of entry into force. Art. 2, para. 2 and 3, 10, para. 1, let. B, as well as sections 4 to 6, enter into force only if the Agreement of 21 June 1999 between, on the one hand, the Swiss Confederation and, on the other, the European Community and its Member States on the free movement of persons ¹ Between itself.

³ For nationals of the EFTA States, art. 2, para. 2 and 3, 10, para. 1, let. B, as well as sections 4 to 6, enter into force only if the Federal Act of 14 December 2001 on the provisions concerning the free movement of persons of the Agreement of 21 June 2001 amending the Convention of 4 January 1960 Establishing the European Free Trade Association (EFTA) ² Between itself. ³