Lawyer monopoly

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The lawyer monopoly is a Swiss legal institute that only allows parties to be represented in court who have been trained as a lawyer .

terminology

Strictly speaking, the concept of a lawyer monopoly is incorrect. Correctly, it is a simple economic police permit. This is exactly what the Federal Supreme Court ruled in 2004.

Legal basis

The concept of the lawyer monopoly is expressly mentioned in Art. 2 Para. 1 BGFA.

Lower instances

civil right

In civil proceedings, the law revisions of the last few years have massively curtailed the lawyer monopoly. It still applies to professional representation before civil courts (but not arbitration authorities, tenancy or labor courts ) and outside of the summary procedure (Art. 68 Para. 2 ZPO ). It has not yet been conclusively clarified when the situation is professional, but there are first judgments in this regard.

Criminal law

Article 127 of the Code of Criminal Procedure applies to criminal proceedings : According to Paragraph 5, the defense of the accused is reserved for lawyers; an exception to this only applies to infringement proceedings insofar as the cantons expressly stipulate this in the cantonal enforcement decrees. All other parties, on the other hand, can - subject to the law of attorney - be represented by any person capable of acting , well reputed and trustworthy (para. 4).

Public law

There is no legal monopoly in administrative proceedings. The party can be represented by any party.

Federal court

Art. 40 para. 1 BGG provides that parties in civil and criminal matters may only be represented by lawyers before the federal court.

Individual evidence

  1. ↑ BGE 130 II 87 E. 3.
  2. ↑ Art. 2 of the Federal Act on the Free Movement of Lawyers . Visited on August 25, 2011.
  3. ↑ Art. 68 ZPO. In: Systematic collection of federal laws. Retrieved March 27, 2012 .
  4. ↑ So z. B. 2nd civil chamber: ZK no. 11/184. ( PDF ; 53 kB) Bern Higher Court, May 11, 2011, accessed on March 27, 2012 .
  5. ↑ Art. 127 StPO. In: Systematic collection of federal laws. Retrieved April 25, 2012 .
  6. ↑ Art. 11 Administrative Procedure Act. In: Systematic collection of federal laws. Retrieved March 27, 2012 .
  7. ↑ Art. 40 BGG . Visited on August 26, 2011.