Lawyers Act (FMLA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.
Art. 4 Principle of inter-cantonal freedom of movement
Lawyers registered on a cantonal lawyers’ roll may represent parties before judicial authorities in Switzerland without further authorisation.
Art. 5 Cantonal lawyers’ roll
1 Each canton shall keep a roll of lawyers who have a place of business within the canton and who meet the requirements of Articles 7 and 8. 2 The roll shall contain the following personal data: a. surname, forename(s), date of birth and place of origin or nationality of the lawyer concerned; b. a copy of the practising certificate; c. the certificates that confirm that the requirements of Article 8 have been satisfied; d. the place of businesses and, if applicable, the name of the law firm; e. disciplinary measures that are not yet spent. 3 The roll shall be kept by the cantonal supervisory authority for lawyers.
Art. 6 Entry on the roll
1 Lawyers who hold a cantonal lawyer’s practising certificate and who wish to represent parties before judicial authorities shall apply to be entered on the roll for the canton in which they have their place of business. 2 The supervisory authority shall enter the lawyers on the roll when it has established that the requirements of Articles 7 and 8 have been satisfied. 3 It shall publish the registration in an official cantonal organ of publicity. 4 The lawyers’ association of the canton concerned also has the right to object to a lawyer’s entry on the roll.
Art. 7 Professional requirements
1 To be entered on the roll, the lawyer must hold a lawyer’s practising certificate. Such a certificate may be issued by the cantons only if the following requirements are satisfied: a. successful completion of a legal course of studies with a licentiate or master’s degree from a Swiss university or an equivalent higher education degree from a state that has an agreement with Switzerland on mutual recognition; b. successful completion of at least one year of practical training in Switzerland with an examination on knowledge of legal theory and practice. 2 Cantons in which Italian is an official language may recognise a foreign degree equivalent to a licentiate or a master’s that has been obtained in the Italian language. 3 The completion of legal studies with a bachelor’s degree shall satisfy the requirements for admission to practical training.
Art. 7 — Amended by No I of the FA of 23 June 2006, in force since 1 Jan. 2007 (AS 2006 4399; BBl 2005 6621).
Art. 8 Personal requirements
1 To be entered on the roll, the lawyer must satisfy the following personal requirements: a. they must have the capacity to act; b. they must not have any criminal conviction for offences incompatible with the profession of being a lawyer, unless this conviction no longer appears on a standard private extract in accordance with Article 41 of the Criminal Records Register Act of 17 June 2016; c. they must not have any unpaid debt certificates issued against them; d. they must be able to practise as a lawyer independently; they may be an employee only of persons who are also entered on a cantonal roll. 2 Lawyers employed by recognised charitable organisations may be entered on the roll provided they satisfy the requirements of paragraph 1 letters a–c and they strictly limit their activities of client representation to mandates that fall under the objects pursued by the organisation concerned.
Para. 1 let. b — Amended by Annex 1 No 13 of the Criminal Records Register Act of 17 June 2016, in force since 23 Jan. 2023 (AS 2022 600; BBl 2014 5713). Para. 1 let. b — SR 330
Art. 9 Removal of the entry on the roll
Lawyers who no longer satisfy any one of the requirements for entry on the roll shall be removed from the roll.
Art. 10 Inspection of the roll
1 The following bodies and persons may inspect the roll: a. the federal and cantonal court and administrative authorities before which the lawyers appear; b. the court and administrative authorities of the EU or EFTA member states, before which the lawyers entered on the roll appear; c. the cantonal supervisory authorities for lawyers; d. the lawyers themselves in relation to their own entries. 2 Any person is entitled to information on whether a lawyer is entered on the roll and whether a lawyer is subject to a disqualification from practising.
Art. 10a Report
The data from the roll that is required to assign and use the Business Identification Number in accordance with the Federal Act of 18 June 2010 on the Business Identification Number shall be reported to the Swiss Federal Statistical Office.
Art. 10a — Inserted by Annex No 3 of the FA of 18 June 2010 on the Business Identification Number, in force since 1 Jan. 2011 (AS 2010 4989; BBl 2009 7855). SR 431.03
Art. 11 Professional title
1 Lawyers shall use the professional title assigned to them with their lawyer’s practising certificate, or an equivalent professional title of the canton on whose roll they are entered. 2 In business communications, they shall indicate that they are entered on a cantonal roll.