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LIVING IN SWITZERLAND

How can I find legal help in Switzerland?

Although you hope to never need one, sometimes you might have to seek legal advice in Switzerland.

How can I find legal help in Switzerland?
Finding a lawyer in Switzerland is not difficult. Photo by Photo by EKATERINA BOLOVTSOVA on Pexels

When you move to a new country, including Switzerland, you have to look for a whole new network of professionals.

You may or may not have immediate need for the proverbial butcher, baker, and the candlestick maker, but sooner or later you will have to find other professionals, with the most essential one being a doctor.

READ MORE: What you should know about finding a doctor in Switzerland

Chances are you will also need, at one time or another, a legal counsel. That should in principle not be a problem as Switzerland has an abundance of lawyers — 7,317 currently practicing in the country, according to European data.

The question of how to find one that best suits your needs depends on many factors — for instance, what kind of legal advice you are seeking (estate planning, inheritance, divorce, etc), whether you speak the language of your region or need an English-speaking attorney,  and whether you can pay (the often exorbitant) fees, or need free counselling instead.

Speaking of fees, the hourly rates vary widely from one lawyer or legal practice to another, with some charging as little as 100 francs or as much as 1,000.

Much depends on the lawyer’s location — with the ones practicing in large cities like Zurich and Geneva being more expensive than their counterparts in small towns or rural regions  — the area of specialisation and general reputation — the more prominent the attorney is with a roster of famous or well-heeled clients, the higher fees they will typically charge.

An important thing to know is that, depending on the advice you are seeking, you may not need a lawyer at all, but rather a public notary; in Switzerland, these professionals perform many tasks that only attorneys can do in other countries, such as drawing contracts and establishing other legal documents.

Here are some tips on how to find a lawyer or a notary that best fits your needs:

Word of mouth

As with any other services, personal recommendations from people you know and trust are best.

This will spare you the effort of “investigating” the person, such as researching their credentials and feedback from previous clients — the due diligence process that everyone should undertake before hiring any professional.

Professional associations

If you don’t know anyone who can recommend an attorney, do your own research.

Professional organisations such as the Swiss Bar Association (SBA) and the Swiss Federation of Notaries are good resources, as they both allow you to look for professionals in or near your place of residence.

English-speaking attorneys

Many Swiss lawyers and notaries, especially those practicing in large urban centres where many foreign residents live, speak English.

But if you want to make sure yours does, the UK government put together a list of English speaking attorneys in Switzerland, which should help you with your search.

‘Free’ legal advice

In principle, all legal assistance comes at a cost, except for exceptional cases, which are defined by each canton.

SBA has a canton-by-canton list, where the designation “GRATIS JUDICATURE” stands for “free legal advice”.

However, there is also such a thing in Switzerland as “legal protection insurance” (Rechtsschutzversicherungen in German, protection juridique in French, and protezione giuridica in Italian).

It covers attorney and other associated fees if you undertake court action against someone, are sued, or simply need legal advice.

There are two different types of legal protection insurance — one specifically for traffic accidents and the other for all other matters. Sometimes they are combined.

Typically, this insurance covers costs of legal representation associated with contract disputes, employment, loans and debts, healthcare, housing, retail purchases, and travel.

The annual cost of this insurance, which you can purchase from practically every carrier in Switzerland, is minimal, especially if you consider how much you’d have to spend if you hired an attorney yourself.

Another benefit of these policies is that a lawyer will be assigned to you by the insurance company so you won’t have the headache of looking for one on your own.

This article provides more information about this insurance:

EXPLAINED: Why you need ‘legal protection insurance’ in Switzerland

Member comments

  1. I wasted thousands of CHFs, using lawyers to fight my case (even now I’m paying alimony to my evil multi-millionaire ex-wife) and had to swap lawyers several times. None had the time / interest to take on a divorce case.
    My only advice is that there are some websites where you can book a 30-hour telephone appointment to get legal advice, and they can advise you on a lawyer suitable for yourself.

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For members

LIVING IN SWITZERLAND

Is it legal to burn a Swiss flag?

This may seem like a strange question, except that it has been voted on in Switzerland’s National Council this week.

Is it legal to burn a Swiss flag?

The Swiss are generally very patriotic and have a strong sense of national pride and identity. It would therefore be reasonable to expect that burning, or otherwise desecrating, their flag would be illegal, as it is in many countries.

However, the National Council’s Legal Affairs Committee rejected this week by 15 votes to 10 a motion submitted by MP Jean-Luc Addor, which aimed to outlaw intentional destruction of “Swiss flag and other emblems of Swiss sovereignty”.

What does the current legislation say in this matter?

Interestingly, the law states that no flag (either Swiss, cantonal, or municipal) can be desecrated if it is displayed by authorities, though no such limits are imposed in the private sphere.

In other words, if a flag is flown in “official” capacity on August 1st, Swiss national holiday, and someone inflicts intentional damage to it, then yes, that is illegal.

But if, say, football fans tear or burn the flag after a game because the Swiss team lost, this is perfectly legal.

Addor, the MP who filed the motion, argued however that the flag, which is a symbol of Switzerland, “must be protected, regardless of where it is displayed or by whom it is displayed”.

Freedom of expression

The majority of the National Council Committee disagreed with this stance, however.

They pointed out that destroying public property can’t be treated in the same way (from a legal perspective) as destroying one’s own personal belongings.

The official line is that “even if such signs of protest [in the private sphere] express dissatisfaction with the State, they cannot be criminalised out of respect for freedom of expression and the principle of proportionality”.

Committee members added that even though neighbours Germany, Italy and Austria want to “protect their emblems of sovereignty, in Switzerland, such provisions would not be effective”.

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