The practice of the legal profession is subject to various rules, in particular the Swiss Federal Constitution, in particular Articles 29 et seq.
and the Federal Law of 23 June 2000 on the free movement of lawyers (Law on lawyers, LLCA
) and cantonal law for details
These latter rules are mandatory and imposed by the State.
The contractual relationship between the lawyer and his client is governed by the rules on agency contracts (see the article on this subject
In addition, professional associations, i. e. the Bar Associations, have developed practices which, unless expressly stated otherwise in the aforementioned legal texts, are not mandatory.
These practices are commonly assimilated to ethics.
Unfortunately, not all of these practices are intended to establish an equitable relationship (and it is common for members of the Bar Association themselves to disregard them when they are required to do so as members of their Bar Association) between the lawyer and his or her client. Therefore we interpret them accordingly.
Not being members of a cantonal Bar Association, the lawyers of the Firm apply them insofar as they do not harm the interests of the client.
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