Rs 935.61 Federal Law Of June 23, 2000, On The Free Movement Of Lawyers (Law On Lawyers, Llca)

Original Language Title: RS 935.61 Loi fédérale du 23 juin 2000 sur la libre circulation des avocats (Loi sur les avocats, LLCA)

Read the untranslated law here: https://www.admin.ch/opc/fr/classified-compilation/19994700/index.html

935.61 federal law on the free movement of lawyers (lawyers, LLCA Act) of June 23, 2000 (Status January 1, 2011) the Federal Assembly of the Swiss Confederation, view of art. 95 of the Constitution, given the agreement of 21 June 1999 between, on the one hand, the Swiss Confederation and, on the other hand, the European Community and its Member States on the free movement of people, given the message of the federal Council of 28 April 1999, stop: Section 1 General art. 1 purpose this law guarantees the free movement of lawyers and sets out the principles applicable to the exercise of the profession of lawyer in Switzerland.

Art. 2 personal scope of application this Act applies to holders of a patent lawyer who practice under a monopoly, representation in court in Switzerland.
It determines the modalities according to which lawyers who are nationals of the Member States of the European Union (EU) or the European Free Trade Association (EFTA) can practice legal representation.
These terms also apply to Swiss nationals authorised to exercise the profession of lawyer in a Member State of the EU or EFTA under a heading in the annex.

New content according to chapter I of the Federal ACT of 22 March 2002, in effect since August 1, 2002 (RO 2002 2134; FF 2002-2477).
New term according to chapter I of the Federal ACT of 22 March 2002, in effect since August 1, 2002 (RO 2002 2134; FF 2002-2477). This amendment has been made throughout the text.

Art. 3 cantonal law reserved the right of the cantons to set under this Act, the requirements for obtaining patent lawyer.
Also reserved the right of the cantons to allow holders of patents of lawyer that they deliver to represent parties to their own judicial authorities.

Section 2 free movement between cantons and cantonal register of lawyers art. 4 principle of the free movement between the cantons all lawyer on a cantonal register of lawyers can practice representation in court in Switzerland without further authorization.

Art. 5 cantonal register of lawyers each canton establishes a register of lawyers who have a business address in the Canton and who fulfil the conditions laid down in art. 7 and 8.
The registry contains the following information: a. the name, first name, date of birth and the place of origin or the nationality; b. a copy of the patent lawyer; c. the certificates establishing that the conditions provided for in art. 8 are met; (d) the professional addresses so that, where appropriate, the name of the study; e. disciplinary measures not struck.

It is held by the authority responsible for the supervision of lawyers.

Art. 6 registration in the register holder counsel of a cantonal lawyer patent that intends to practice legal representation must apply for its registration in the register of the canton in which he has his business address.
The supervisory authority put him if he fulfills the conditions provided for in art. 7 and 8.
It publishes registration in an official cantonal body.
The association of lawyers of the canton concerned has a right of recourse against the inscriptions in the cantonal register of lawyers.

Art. 7Conditions of training to be entered in the register, the lawyer must hold a patent lawyer. The cantons can issue such a patent only if the holder has made: a. studies of sanctioned law either by a license or a master's degree issued by a Swiss University or an equivalent degree issued by a University of one of the States which have concluded an agreement of mutual recognition of diplomas; with the Switzerland b. an internship for a period of one year at least performed in Switzerland and sanctioned by an examination of the legal knowledge theoretical and practical.

The cantons in which the Italian is official language can recognize a foreign degree in Italian language equivalent to a license or a master.
The bachelor in law is a sufficient condition for admission to the course.

New content according to chapter I of the Federal ACT of June 23, 2006, in force since Jan. 1. 2007 (RO 2006 4399; FF 2005-6207).

Art. 8 personal to be entered in the register, the lawyer must meet the following personal conditions: a. having the exercise of the rights of civilians; b. do not make the object of a criminal conviction for acts incompatible with the legal profession, unless that conviction is more on the private criminal record extract; c. not make subject to an act of default property; d be able to practice independently; It can be used only by individuals themselves registered in a cantonal register.

The lawyer who is employed by a recognized nonprofit organization may be registered provided they meet the conditions laid down in para. 1, let. a to c, and to limit his activity of Defender to mandates concerning strictly the purpose of this organization.

New content according to chapter I of the Federal ACT of June 23, 2006, in force since Jan. 1. 2007 (RO 2006 4399; FF 2005-6207).

Art. 9 deletion from the register the lawyer who does not meet one of the conditions of registration is removed from the register.

Art. 10 consultation of the register are admitted to the registry: a. judicial and administrative authorities federal and cantonal before which the lawyer carries on business; (b) the judicial and administrative authorities of Member States of the EU or EFTA in front of which a lawyer on the registry is activities; c. the cantonal supervisory authorities of lawyers; d. lawyer, for indications that concern.

Everyone has the right to ask if a lawyer is entered in the register and is the subject of a prohibition to practice.

Art. 10aCommunication data of register allocation and use of identification number of companies within the meaning of the Federal Act of 18 June 2010 on the business identification number, are communicated to the federal Office of statistics.

Introduced by section 3 of the annex to the Federal ACT of 18 June 2010 on the business identification number, in effect since Jan. 1. 2011 (2010 4989 RO; FF 2009 7093).
RS 431.03 art. 11 professional title counsel made use of professional title of origin or equivalent title issued in the canton to the registry of which it is part.
In his business dealings, he mentions his registration in a registry or a cantonal bar.

Section 3 professional rules and disciplinary supervision art. 12 professional rules the lawyer is subject to the following professional rules: a. practises with care and diligence; b. it carries his professional activity independently, on his behalf and under his own responsibility; c. it avoids any conflict between the interests of the client and those of the persons with whom he is in relation to the professional or private plan; d. it can advertise provided that it is limited to objective facts and that it meets the general interest; e. may not, prior to the conclusion of a case, pass an agreement with his client by which the latter would agree to depend on the outcome of the case fees; He can either commit to waive his fees in the event of unfavorable outcome of the trial; f. it must be for the benefit of a professional civil liability insurance coverage tailored to the nature and extent of the risks associated with its activity; the amount covering the harmful events for a year must be at least a million francs; equivalent collateral may replace the liability insurance; g. He is obliged to accept the defences of office and legal aid mandates in the canton to the registry of which it is registered; h. it keeps separately the assets entrusted to him and his heritage; i. when he accepts a mandate, he informed his client of billing terms and told him periodically or at his request on the amount of fees due; j. communicates to the supervisory authority any changes to the indications of the register.

New content according to chapter I of the Federal ACT of June 23, 2006, in force since Jan. 1. 2007 (RO 2006 4399; FF 2005-6207).

Art. 13 the lawyer's professional secrecy is subject to professional secrecy in all matters entrusted to it by its customers in the exercise of his profession; This obligation is not limited in time and is applicable to third parties. Due to be released from professional secrecy does not require the lawyer to disclose facts which it has been entrusted.
It ensures that his assistants meet professional secrecy.

Art. 14 monitoring each canton cantonal authority designates an authority responsible for the supervision of lawyers who practise in its territory legal representation.

Art. Communication 15Devoir the judicial and administrative authorities cantonal announce without delay to their canton supervisory authority failure to a personal condition within the meaning of art. 8, or the facts that may constitute a breach of professional rules.

The judicial and administrative authorities Federal announce without delay to the supervisory authority of the canton in the register which the solicitor is the lack of a personal condition within the meaning of art. 8, or the facts that may constitute a breach of professional rules.

New content according to chapter I of the Federal ACT of June 23, 2006, in force since Jan. 1. 2007 (RO 2006 4399; FF 2005-6207).

Art. 16 disciplinary proceedings in another canton supervisory authority which opens disciplinary proceedings against a lawyer not registered in the registry of the canton shall inform the supervisory authority of the canton in the register which the lawyer is registered.
If she intends to pronounce a disciplinary measure, it gives the opportunity to submit its comments on the outcome of the investigation to the supervisory authority of the canton in the register which the lawyer is registered.
The result of the procedure must be communicated to the supervisory authority of the canton in the register which the lawyer is registered.

Art. 17 disciplinary measures in case of violation of this Act, the supervisory authority may impose the following disciplinary measures: a. warning; b. the blame; c. a fine of 20,000 francs at most; d. the temporary prohibition to practice for a maximum period of two years; e. the definitive prohibition to practice.

The fine can be combined with a prohibition to practice.
If necessary, the supervisory authority may provisionally withdraw authorization to practice.

Art. 18 prohibition to practice the prohibition to practice has effect in all Switzerland.
It is communicated to supervisors of the other cantons.

Art. 19 prescribing the disciplinary proceedings is prescribed by one year from the day where the supervisory authority has been informed of the alleged.
The period is interrupted by any act of instruction of the supervisory authority.
The disciplinary proceedings is prescribed in any case by 10 years after the Commission of the offence.
If the violation of professional rules is punishable criminally, the longer limitation period laid down by criminal law applies to the disciplinary proceedings.

Art. 20 radiation of the disciplinary warning, the blame and the fine are written off the registry five years after their delivery.
The temporary ban on practice is removed from the register ten years after the end of its effects.

Section 4 provision of services by lawyers for the States members of the EU or EFTA art. 21 principles National Counsel of a regulated EU or EFTA Member State to practise in their country of origin under one of the names in the annex can practice legal representation in Switzerland in the form of provision of services.
Service provider is not admitted in the cantonal register of lawyers.

Art. 22 duty to legitimize federal and cantonal authorities before which counsel service provider operates as well as supervisors of the lawyers may ask to establish her as a lawyer.

Art. 23 duty to act in concert with a lawyer on the registry for procedures where the assistance of a lawyer is mandatory, the lawyer service provider acts in concert with a lawyer on a cantonal register of lawyers.

Art. 24 professional title counsel service provider made use of his title professional of origin, accompanied by the name of the professional body to which he belongs or of that of the Court to which he is entitled to exercise pursuant to the legislation of that State expressed in the or one of the official languages of the State of origin.

Art. 25 professional rules counsel service provider is subject to the professional rules in art. 12, with the exception of those relating to office defenses and the mandates of judicial assistance (let. g) as well as to the registry (let. j).

Art. 26 communication of disciplinary measures the supervisory authority informs the competent authority of the State of origin of the disciplinary action taken against the lawyer service provider.

Section 5 permanent exercise by lawyers of the EU or EFTA Member States, of the profession of lawyer under their home art. 27 principles counsel from a Member State of the EU or EFTA entitled to exercise in their country of origin under a heading in the annex can practice legal representation in Switzerland on a permanent basis, under the professional title of origin, after signing up to the table.
The art. 23 to 25 are applicable.

Art. 28 entry on the roll of the supervisory authority is a public register of lawyers in the Member States of the EU or EFTA allowed to practice representation in court in Switzerland in a way permanent under their home.
The solicitor from the supervisory authority of the canton on the territory of which he has a business address. It establishes her as a lawyer by producing a certificate of its registration with the competent authority of their country of origin; This certificate should not be older than three months.
After you have registered the lawyer on the Board, the supervisory authority shall inform the competent authority of the State of origin.

Art. 29 cooperation with the competent authority of the State of origin before opening a disciplinary procedure against a National Counsel of a State member of the EU or EFTA engaged way permanent in Switzerland under its original title, the supervisory authority shall inform the competent authority of the State of origin.
The supervisory authority cooperates with the competent authority of the State of origin during the disciplinary procedure including giving him the opportunity to file comments.

Section 6 registration of lawyers in the Member States of the EU or EFTA in the cantonal register of lawyers art. 30 principles National Counsel of a member of the EU or EFTA State may be entered in a cantonal register of lawyers without the conditions provided for in art. 7, let. b: a. If he managed an aptitude test (art. 31), forgotten the source. If it has been registered for three years at least on the roll of lawyers practising under their home-country professional title and: 1. that it justifies this period of effective and regular activity in Swiss law, or 2. It has effective and regular activity of a shorter under Swiss law and that he has successfully passed an interview from verification of the professional skills (art. 32).

He enjoys the same rights and obligations that a licensed lawyer of a cantonal patent entered in the register.

Art. 31 aptitude test may stand for the aptitude test nationals of EU or EFTA Member States lawyers that: a. have successfully completed a course of study for a minimum of three years in a University and, where necessary, additional training required in addition to this cycle of studies, etb. have a degree allowing the exercise of the profession of lawyer in a Member State of EU or EFTA.

The examination Board of lawyer of the canton in the register which the lawyer wishes to be registered him pass an aptitude test.
The test covers materials which are on the agenda of the cantonal review of access to the legal profession, and which are substantially different from those included as part of the training followed by the candidate in his State of origin. The content of the test shall be given also the professional experience of the candidate.
The aptitude test can be ironed twice.

Art. 32 maintenance of verification of the professional skills of the examination commission for lawyer of the canton in the register which the lawyer wishes to be registered is competent to assess the professional skills of the lawyer in an interview.
It is based on information and documents produced by the lawyer and his activity in Switzerland.
It takes into account the knowledge and professional experience of the Swiss lawyer, so its participation in courses or seminars dealing with Swiss law.

Art. 33 professional title counsel may use, besides the professional title of the canton to the registry of which it is registered, his home-country professional title.

Section 7 Procedure art. 34. the cantons regulate the procedure.
They provide a simple and quick procedure for the review of the conditions of entry in the cantonal register.

Section 8 provisions final art. 35 change of the law in force.

The change can be found at the RO 2002 863.

Art. 36 transitional law issued in accordance with the old cantonal law lawyer patent holders are enrolled in a cantonal register if they could be licensed to practice in the other cantons under art. 196, ch. 5, of the Constitution.

Art. 37 referendum and entry into force the present law is subject to the referendum.
The federal Council shall determine the date of entry into force. The art. 2, al. 2 and 3, 10, al. 1, let. b, as well as sections 4 to 6 come into force if the agreement of 21 June 1999 between, on the one hand, the Swiss Confederation and, on the other hand, the European Community and its Member States on the free movement of people between itself in force.

For nationals of the Member States of EFTA, the art. 2, al. 2 and 3, 10, al. 1, let. b, as well as sections 4 to 6 come into force unless the Federal law of 14 December 2001 on the provisions concerning the free movement of persons of the agreement of 21 June 2001 amending the Convention of January 4, 1960 instituting the European Association of free trade (EFTA) itself in force.

RS 2002 685 RO 0.142.112.681. This law came into force on 1 June 2002.
Introduced by chapter I of the Federal ACT of 22 March 2002, in effect since August 1, 2002 (RO 2002 2134; FF 2002-2477).

Annex (art. 21, para. 1 and 27, para. 1) list of professional titles in the Member States of the EU and EFTA according to directives 77/249/EEC and 98/5/EC Germany Austria Bulgaria Belgium lawyer Rechtsanwalt Rechtsanwalt / Advocaat / Rechtsanwalt Cyprus Denmark Spain Abogado Advokat Dikhgurov / Advocat / Avogado / Abokatu Estonia Vandeadvokaat Finland Asianajaja / Advokat lawyer Greece Hungary Ügyvéd Ireland Barrister DikhgoroV France , Solicitor Iceland Løgmaður Italy Avvocato Latvia Zvcrinats advokats Liechtenstein Rechtsanwalt Lithuania Advokatas Luxembourg lawyer Malta Avukat/Prokuratur legal Norway Advokat Netherlands Advocaat Poland Adwokat/Radca prawny Portugal: Advogado Czech Republic Advokat Romania lawyer United Kingdom Advocate/Barrister/Solicitor Slovakia Advokat/Komereny právník Slovenia Attorney/Odvetnica Sweden Advokat implementation to date according to chapter I of the Federal ACT of 22 March 2002 (RO 2002 2134; FF 2002-2477), art. 2 c. 16 AF on Dec. 17. 2004 (extension of the ac on the free movement of people in the new Member States of the EC and accompanying measures) (RO 2006 979; FF 2004 5523 6187) and art. 3 c. 12 of AF of June 13, 2008 (renewal and extension of the ac on the free movement of persons to the Bulgaria and the Romania), in force since June 1, 2009 (RO 2009 2411; FF 2008 1927).

Status as of January 1, 2011