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. 12 Professional rules
The following professional rules apply to lawyers: a. They shall practise their profession diligently and conscientiously. b. They shall practise their profession independently, in their own name and on their own responsibility. c. They shall avoid any conflict between the interests of their clients and persons with whom they have a business or personal relationship. d. They may advertise their services, provided the advertising remains objective and meets a public need for information. e. They shall not enter into any agreement with their client before the conclusion of a legal dispute on sharing in the proceeds from the proceedings as a substitute for their fee; furthermore, they shall not undertake to waive their fee in the event of an unfavourable outcome to the proceedings. f. They must obtain professional indemnity insurance commensurate with the nature and extent of the risks related to their work; the sum insured must amount to at least one million francs per annum; instead of
let. f — Amended by No I of the FA of 23 June 2006, in force since 1 Jan. 2007 (AS 2006 4399; BBl 2005 6621).
Art. 13 Professional confidentiality
1 Lawyers shall be bound by professional confidentiality that is unlimited in time and applies to dealings with any person in relation to anything entrusted to them by their clients in the course of their professional activities. Release from this obligation does not require the lawyers to disclose anything entrusted to them. 2 They shall ensure that their auxiliary staff preserve professional confidentiality.
Art. 14 Cantonal supervisory authority for lawyers
Each canton shall designate an authority to supervise the lawyers that represent parties before court authorities on its territory.
Art. 15 Duty to notify
1 The cantonal court and administrative authorities shall immediately notify the supervisory authority for their canton of any failure to meet the personal requirements under Article 8 and of incidents that could breach the professional rules. 2 The federal court and administrative authorities shall immediately notify the supervisory authority of the canton in which a lawyer is entered on the roll of any failure to meet the personal requirements under Article 8 and of incidents that could breach the professional rules.
Art. 15 — Amended by No I of the FA of 23 June 2006, in force since 1 Jan. 2007 (AS 2006 4399; BBl 2005 6621).
Art. 16 Disciplinary proceedings in another canton
1 If a supervisory authority opens disciplinary proceedings against a lawyer who is not entered on the roll of the canton concerned, it shall notify the supervisory authority for the canton on whose roll the lawyer is entered. 2 If it intends to order a disciplinary measure, it shall grant the supervisory authority in the canton on whose roll the lawyer is entered the opportunity to state its opinion on the result of the investigation. 3 The supervisory authority in the canton on whose roll the lawyer is entered shall be notified of the result of the disciplinary proceedings.
Art. 17 Disciplinary measures
1 In the event of a breach of this Act, the supervisory authority may order the following disciplinary measures: a. an official warning; b. a reprimand; c. a fine not exceeding 20,000 francs; d. a suspension from practising for a period not exceeding two years; e. a permanent disqualification from practising. 2 A fine may be imposed in addition to a disqualification from practising. 3 If necessary, the supervisory authority may impose a disqualification from practising as a precautionary measure.
Art. 18 Validity of the disqualification from practising
1 A disqualification from practising applies throughout Switzerland. 2 Notice of the disqualification shall be given to the supervisory authorities in the other cantons.
Art. 19 Statute of limitations
1 The right to bring disciplinary proceedings is subject to a statute of limitations of one year from the time that the supervisory authority learned of the incident in question. 2 This period shall be interrupted by any investigative measure taken by the supervisory authority. 3 The right to bring disciplinary proceedings is subject in every case to a statute of limitations of ten years from the time that the supervisory authority learned of the incident in question. 4 If the breach of the professional rules constitutes a criminal offence, the longer limitation period provided for under the criminal law applies.
Art. 20 Removal of disciplinary measures
1 Warnings, reprimands and fines shall be removed from the roll five years after they are ordered. 2 A suspension from practising shall be removed from the roll ten years after it ceases to apply.