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Art. 25 – Professional rules

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Art. 25

Professional rules

The lawyers providing the services are subject to the professional rules set out in Article 12 with the exception of the provisions on official public defence work and legal aid work (let. g) and entry on the roll (let. j).

Legal act context
SR 935.61 · FMLA · Federal act · Federal Act of 23 June 2000 on the Free Movement of Lawyers (Lawyers Act, FMLA)
Structure path
Section 4 Practising as a Lawyer and Freedom to Provide Services for Lawyers from EU or EFTA Member States
Language
English (en)
Data status
2025-07-01

Available language versions

Deutschde Françaisfr Italianoit Englishen

The official sources and versions published by the competent authorities remain authoritative.

Contents of this enactment

Document textGeneral document text1ArticlesRegular articles in this version39AnnexesAnnexes and attachments in this version1
Document text1
Articles39
1Section 1 General
Art. 1 – Subject matterArt. 1 Subject matter This Act guarantees free movement for lawyers and set outs the principles for practising as a lawyer in Switzerland. Direct link
Art. 2 – Personal scopeArt. 2 Personal scope 1 This Act applies to persons who hold a lawyer’s practising certificate and who represent parties before judicial authorities in Switzerland in terms of the lawyers’ monopoly. 2 It sets out the mo… Direct link
Art. 3 – Relationship with cantonal lawArt. 3 Relationship with cantonal law 1 Under this Act, the cantons shall retain their right to lay down the requirements for being granted a lawyer’s practising certificate. 2 The foregoing also applies to the right of… Direct link
1Section 2 Intercantonal Freedom of Movement and the Cantonal Lawyers’ Roll
Art. 4 – Principle of inter-cantonal freedom of movementArt. 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. Direct link
Art. 5 – Cantonal lawyers’ rollArt. 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… Direct link
Art. 6 – Entry on the rollArt. 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 hav… Direct link
Art. 7 – Professional requirementsArt. 7 Amended by No I of the FA of 23 June 2006, in force since 1 Jan. 2007 (AS 2006 4399; BBl 2005 6621). Amended by No I of the FA of 23 June 2006, in force since 1 Jan. 2007 (AS 2006 4399; BBl 2005 6621). Profession… Direct link
Art. 8 – Personal requirementsArt. 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. Amended by Annex 1 No 13 of the Criminal Records Register… Direct link
Art. 9 – Removal of the entry on the rollArt. 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. Direct link
Art. 10 – Inspection of the rollArt. 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 a… Direct link
Art. 10a – ReportArt. 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). Inserted by Annex No 3 of the FA of 18 June 2010 on the Business… Direct link
Art. 11 – Professional titleArt. 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 b… Direct link
1Section 3 Professional Rules and Disciplinary Supervision
Art. 12 – Professional rulesArt. 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 n… Direct link
Art. 13 – Professional confidentialityArt. 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… Direct link
Art. 14 – Cantonal supervisory authority for lawyersArt. 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. Direct link
Art. 15 – Duty to notifyArt. 15 Amended by No I of the FA of 23 June 2006, in force since 1 Jan. 2007 (AS 2006 4399; BBl 2005 6621). Amended by No I of the FA of 23 June 2006, in force since 1 Jan. 2007 (AS 2006 4399; BBl 2005 6621). Duty to n… Direct link
Art. 16 – Disciplinary proceedings in another cantonArt. 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 aut… Direct link
Art. 17 – Disciplinary measuresArt. 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 franc… Direct link
Art. 18 – Validity of the disqualification from practisingArt. 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 c… Direct link
Art. 19 – Statute of limitationsArt. 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 pe… Direct link
Art. 20 – Removal of disciplinary measuresArt. 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 i… Direct link
1Section 4 Practising as a Lawyer and Freedom to Provide Services for Lawyers from EU or EFTA Member States
Art. 21 – PrinciplesArt. 21 Principles 1 Citizens of EU or EFTA member states who are entitled to practise as a lawyer in their country of origin under any of the professional titles listed in the Annex may represent parties before judicia… Direct link
Art. 22 – Proof of qualification to practiseArt. 22 Proof of qualification to practise The federal and cantonal judicial authorities before which the lawyers providing the services appear as well as the supervisory authorities for lawyers may require that the law… Direct link
Art. 23 – Obligation to act in consultation with a registered lawyerArt. 23 Obligation to act in consultation with a registered lawyer Where there is a mandatory requirement to be represented by a lawyer in proceedings, the lawyers providing the services are obliged to act in consultati… Direct link
Art. 24 – Professional titleArt. 24 Professional title The lawyers providing the services shall use their original professional title in the official language of their state of origin and provide details of the professional organisation to whose j… Direct link
Art. 25 – Professional rulesArt. 25 Professional rules The lawyers providing the services are subject to the professional rules set out in Article 12 with the exception of the provisions on official public defence work and legal aid work (let. g)… Current article Direct link
Art. 26 – Information on disciplinary measuresArt. 26 Information on disciplinary measures The supervisory authority shall notify the competent authority in the state of origin of any disciplinary measures that they order against lawyers providing services. Direct link
1Section 5 Regular Practising by Lawyers from EU or EFTA member states under their Original Professional Title
Art. 27 – PrinciplesArt. 27 Principles 1 Citizens of EU or EFTA member states who are entitled to practise as a lawyer in their country of origin under any of the professional titles listed in the Annex may represent parties before judicia… Direct link
Art. 28 – Registration with the supervisory authorityArt. 28 Registration with the supervisory authority 1 The supervisory authority shall keep a public list of citizens from EU or EFTA member states who may regularly represent parties before judicial authorities in Switz… Direct link
Art. 29 – Cooperation with the responsible body in the state of originArt. 29 Cooperation with the responsible body in the state of origin 1 Before the supervisory authority brings disciplinary proceedings against citizens of EU or EFTA member states that regularly represent parties befor… Direct link
1Section 6 Registration of Lawyers from EU or EFTA Member States on a Cantonal Lawyers’ Roll
Art. 30 – PrinciplesArt. 30 Principles 1 Citizens of EU or EFTA member states may be entered on a cantonal lawyers’ roll without satisfying the requirements under Article 7 letter b provided they: a. have passed a qualifying examination (A… Direct link
Art. 31 – Qualifying examinationArt. 31 Qualifying examination 1 Citizens of EU or EFTA member states shall be admitted to the qualifying examination if: a. they have successfully completed at least three years of studies at a university and if applic… Direct link
Art. 32 – Interview to verify professional skillsArt. 32 Interview to verify professional skills 1 The interview to verify professional skills shall be conducted by the lawyers’ examination board of the canton on whose roll the lawyer wishes to be entered. 2 It shall… Direct link
Art. 33 – Professional titleArt. 33 Professional title In addition to the professional title of the canton on whose roll they are entered, lawyers may also use their original professional title. Direct link
1Section 7 Procedure
Art. 34Art. 34 1 The cantons shall regulate the procedure. 2 They shall provide for a simple and quick procedure for verifying that the requirements are satisfied for entry on the cantonal lawyers’ roll. Direct link
1Section 7a International Agreements
Art. 34aArt. 34a 1 Within the scope of this Act, the Federal Council may conclude international agreements on the recognition of foreign professional titles that entitle the holder to practise as a lawyer. 2 In doing so, it sha… Direct link
1Section 8 Final Provisions
Art. 35 – Amendment of current legislationArt. 35 Amendment of current legislation ... The amendment may be consulted under AS 2002 863. The amendment may be consulted under AS 2002 863. Direct link
Art. 36 – Transitional lawArt. 36 Transitional law Persons who hold a lawyer’s practising certificate under the current cantonal law shall be entered on the cantonal lawyers’ roll, provided they would have been granted a professional practising… Direct link
Art. 37 – Referendum and commencementArt. 37 Referendum and commencement 1 This Act is subject to an optional referendum. 2 The Federal Council shall determine the commencement date. Article 2 paragraphs 2 and 3 and Article 10 paragraph 1 letter b as well… Direct link
Annexes1
List of professional titles in the EU and EFTA member states and in the United KingdomAnnex (Art. 21 para. 1 and 27 para. 1) List of professional titles in the EU and EFTA member states and in the United Kingdom Belgium Avocat/Advocaat/Rechtsanwalt Bulgaria Aдвокат Denmark Advokat Germany Rechtsanwalt Es…Direct link

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