Representing clients throughout Switzerland
Introduction
"I have a case taking place in Aargau and I would like your help in it. Oh, you're registered in Zurich though… is it still possible for you to represent me?"
A question like this often arises from foreigners who are looking for a Swiss lawyer. They wonder, if he or she is eligible to represent a client in a case taking place for example in the canton of Aargau, whereas the lawyer passed the bar exam in the canton of Zug and is registered in Zurich's cantonal lawyer's register.
We would love to share the answer to this question with you in the article below!
Switzerland and Federalism
The imagined road for the Swiss lawyer, traveling from his or her canton of the bar exam to the canton of registration to where the case in question takes place.
Although Switzerland is part of Europe, it is not a member of the European Union. Therefore, the EU-laws do not directly apply to Switzerland.
Switzerland has its own legal system, which is set up within the framework of federalism. Anything that is not limited by the Federal constitution falls into the regulatory area of the cantons, they exercise all rights and duties not covered by the Confederation.
Before the year 2000, there was no federal law concerning lawyers. Consequently, the 26 cantons in Switzerland had 26 different cantonal lawyers acts with different requirements for the bar exams and registration in the lawyer registers. To appear before a cantonal court other than the court of the canton the lawyer was registered in, he or she would've needed a special permit. This was formerly called an appearance permit.
The procedure mentioned above was mandatory to represent clients in front of a court nationwide, until the Federal Law of Lawyers of 23 June 2000 ("Lawyers act") was introduced. The Lawyers act most importantly established a nationwide freedom of movement of lawyers. It also presented basic regulations concerning the bar exam, conditions for the registration in the canton's lawyers register and rules of professional conduct. Today, the registration in any canton's lawyers register leads to the applicability of the Lawyers act and qualifies the registrant to exercise all activities in the scope of the lawyer monopoly everywhere in Switzerland.
Swiss Lawyer Monopoly
Within the area of all lawyer's activities, there are activities limited to the lawyer monopoly. The lawyer monopoly covers the professional representation of clients before courts in civil and criminal litigation. This right is reserved to lawyers to whom the Lawyers act applies or, if the Lawyers act does not apply, whose canton's lawyers act grants it. To professionally represent means that the lawyer is prepared to act in an indefinite number of cases. Not decisive for this qualification is the question of remuneration.
To be distinguished from the lawyer monopoly is the right of being a party in court. In Switzerland, there is no compulsion to be represented by a lawyer. In principle, every person can effectively take procedural actions in a process for themselves, with some exceptions (in some criminal cases, the accused is obligated to have a lawyer for his or her defense).
Conclusion
In summary, the answer to the introductory question is positive. A Swiss lawyer who passed his or her bar exam in Zug and is registered in Zurich's cantonal lawyer's register can represent a client in litigation proceedings in the canton of Aargau, thanks to the Lawyers act.
If you have any questions about the subject, Cheyenne Durrer and Kim Nguyen are looking forward to hearing from you.