Liechtenstein Bar Association

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The Liechtenstein Bar Association (LIRAK) is the largely independent, self-responsible professional representation of the established lawyers, legal agents and trainee lawyers (trainee lawyers) entered in the list of lawyers as well as the established European lawyers entered in the list. (Art 91 ff RAG). The bar association has its seat in Schaan .

The total number of registered lawyers in Liechtenstein was 189 in 2011 (2010: 181).

tasks

The areas of responsibility of the Liechtenstein Bar Association range from the representation of lawyers and their supervision as well as the promotion of the economic interests of their members as well as the assessment of laws and the preparation of expert reports. In contrast to the Austrian bar associations , the task of the Liechtenstein bar association does not include monitoring compliance with professional obligations by means of the disciplinary jurisdiction exercised itself. In contrast to Austria, the examination commission for lawyers is also appointed by the Liechtenstein government for a period of four years and not by the bar association itself.

The main task of the Liechtenstein Bar Association is to uphold the honor and dignity of the legal profession (Art 92 RAG). This main task is based on the autonomy of the bar associations (self-governing bodies) and in turn ensures the independence of the individual lawyers as well as of the entire legal profession.

The main task of safeguarding the honor and reputation of the class is also exercised through the disciplinary jurisdiction of the higher court.

Other essential tasks are:

  • Convening the general assembly;
  • Appointment of procedural assistants in the context of legal aid ;
  • Prescribing and bringing in the chamber contribution;
  • Processing and examination of applications for admission to the bar exam and collection of examination fees (from January 1, 2014)
  • Preparation of expert opinions on fee issues and more.

The government has a supervisory right over the legality of the administration of the bar association (Art 91, Paragraph 2 RAG in conjunction with Art 78 Paragraph 4 LV ).

Organization of the chambers

The bar association is formed by the lawyers entered on the list. The activity of the Bar Association is through

  • the plenary assembly ( plenary assembly )
  • the board
  • the president
  • the control body

exercised.

Self-government and compulsory membership

Self-government of the chambers

An essential characteristic of the Liechtenstein Bar Association is self-administration and the limited sovereign powers that are transferred. The self-administration of the bar associations in Liechtenstein is essentially based on:

  • the legal personality of the chambers as public corporations (Art 91 (2) AOA);
  • compulsory membership;
  • the democratic structure within the chamber (e.g. elections);
  • the policy competence.

Since, in contrast to the Austrian bar associations in Liechtenstein, there is no direct disciplinary jurisdiction and disciplinary power vis-à-vis its own members, self-administration is not as pronounced.

Compulsory membership

Membership in the Bar Association exists for registered lawyers (RA) and trainee lawyers (RAA) as well as registered European lawyers registered in the list. Associated with this is the obligation to pay contributions (chamber levy).

Plenary assembly

The tasks of the plenary assembly of lawyers are regulated in Art 41 RAG. These are for example:

  • the election of the president, the vice-president and the other members of the board;
  • the choice of a control body;
  • the establishment of the rules of procedure of the bar association;
  • the determination of the annual contributions of the members of the Chamber to cover the administrative costs;
  • approval of the budget of income and expenditure;
  • the approval of the annual accounts;
  • the issuance of professional standards;
  • the issuance of fee guidelines;
  • the issuing of training guidelines.

Resolutions are generally passed with a simple majority (Art 93 (3) AOA).

Board

The highest decision-making body and administrative body of the Bar Association is the board of directors, which is elected by the plenary assembly of lawyers by secret ballot with an absolute majority. The board of directors of the Bar Association is supported by a secretariat.

The committee is presided over by a president and a vice-president. The members of the board can only be elected from the group of registered lawyers (no trainees). The term of office is three years.

The tasks of the board of directors of the bar association are listed in Art 94 RAG demonstratively.

Stefan Ritter has been President of the Bar since 2014, replacing Mario Frick , who presided over the Bar from 2005 to 2014.

Disciplinary authority

Disciplinary authority over lawyers in Liechtenstein is transferred to the higher court (Art 85, 108, Paragraph 5 AOA).

The following direct disciplinary punishments are available (Art 48 RAG):

  • written reference;
  • Fines up to CHF 50,000;
  • Prohibition of practicing the legal profession for up to one year;
  • Removal from the list of lawyers.

The prohibition of employing trainees is available as an indirect disciplinary punishment (Art 48 Para. 4 AOA). As a provisional measure according to Art 57 AOA

  • the supervision of the management or
  • the withdrawal of the right of representation before certain courts or administrative authorities
  • a ban on the employment of trainees,
  • the temporary prohibition of exercising the legal profession

to be ordered.

Control point

The auditors are elected by the plenary assembly from among the registered lawyers.

Change of tasks and strengthening of LIRAK

According to the consultation report of the government of October 16, 2012 (RA 2012 / 2060-1752) regarding the total revision of the law on lawyers (RAG) and the amendment to the Code of Civil Procedure (ZPO), various adjustments are to take place, which in total will significantly strengthen the LIRAK as a corporation under public law to the detriment of the Liechtenstein Financial Market Authority (FMA). Among other things, it is planned to adapt the essential regulatory areas of the RAG and the ZPO through:

  • Specification of the requirements for training requirements for lawyers,
  • Adjustment of the documented duration of practical work that must be completed for admission as a lawyer and for the bar exam (adaptation, largely to the regulations in the Austrian Lawyers Act),
  • Responsibility regulations for the granting of licenses etc. (shift of competence from the FMA to the LIRAK),
  • Disciplinary law on lawyers (especially in the area of ​​procedural regulations),
  • Procedural aid provisions (new in a separate chapter),
  • Legal regulation for lawyers in employment,
  • Adjustments to the procedural provisions (new chapter with regard to legal remedies, in particular due to the shift of competence from the FMA to the LIRAK),
  • Adjustments to cooperation with domestic and foreign authorities,
  • Creation of a fee schedule for LIRAK.

The first step in strengthening the LIRAK was carried out with the amendments to the law on January 1, 2014 (e.g. the new Lawyers Act, among others).

Web links

Individual evidence

  1. ↑ Lawyers Act, LGBl 415/2013.
  2. ↑ According to the decision of the European Court of Justice in the Reinhard Gebhard case , Case C-55/94, a lawyer temporarily active in the context of the freedom to provide services may also maintain a law firm in the relevant EEA member state, insofar as this is necessary for the provision of the temporary service. In exercising the freedom to provide services, European lawyers must use the name they must (may) use in their home country.
  3. ↑ In Austria there were around 1,450 inhabitants for every lawyer in 2010 (resident population around 8,000,000 people). In Liechtenstein there are around 212 residents for every lawyer (resident population around 36,000 people). In proportion, the supply density with lawyers in Liechtenstein is therefore almost 7 times higher than in Austria. The number of lawyers in Liechtenstein corresponds roughly to the number of admitted lawyers in the neighboring state of Vorarlberg ( Austria ) - see also Vorarlberg Bar Association . Vorarlberg has a resident population around ten times that of Liechtenstein. In the Federal Republic of Germany the number of registered lawyers for the resident population (2006) is 1: 525; USA: 1: 270, Italy: 1: 454, England: 1: 490, Switzerland: 1: 1032, Austria: 1: 1751, Russia and CIS: 1: 7520, Vietnam: 1: 24824 (source: Heussen, Die Anwaltsdichte in Switzerland, Austria and Germany in relation to other countries - An international comparison , in: Anwaltspraxis 2006, 392, 396 [1] ).
  4. ↑ According to Art. 91 Para. 3 RAG, the LIRAK has the status of a party with unrestricted party rights in disciplinary proceedings according to Art. 46 ff RAG.
  5. ↑ Art 96 RAG. This examination commission consists of five members and an equal number of substitute members in accordance with § 5 RAG.
  6. ↑ The independence of the lawyer is one of the three "pillars" of the Liechtenstein legal profession: 1st pillar is independence from state influences; The 2nd pillar is the duty of confidentiality and the right to secrecy ( legal confidentiality, legal immunity); The third pillar is the lawyer's absolute duty of loyalty to his client.
  7. ↑ According to Article 78, Paragraph 4 of the state constitution, the LIRAK is subject to the supervision of the government. In its own sphere of activity, however, the government's overall supervision is limited to reviewing the legality of the administration of the bar association.
  8. ^ Bar Association with a new Presidium. In: vaterland.li from March 25, 2014