The mandate

The mandate is the contractual relationship between the client and the lawyer. The contract term is governed by sections 394 to 406 of the swiss Code of Obligations (CO). The mandate is concluded with pecuniary counterpart (394 § 3 CO). With regard to payment of fees and disbursements, the lawyer is obliged to manage the case he is in charge and rendering the services to which he committed himself. As the lawyer performs its obligation in the course of the case, it is customary that he requires the payment of advances (“Provisions”) at the beginning of the activity or payment of supplements. Thus, the customer agrees to pay all the legal provisions necessary for the implementation of the mandate. He is also liable for all expenses, court fees and advances that would have been made by the lawyer, as well as for the payment of the lawyer’s fees.

The lawyer works “for a certain result” and he takes all necessary measures to ensure that the desired result can be achieved if possible, but it does not promise this result. Thus the lawyer has properly performed its obligations even if the result is not achieved and is therefore not liable for damages thus resulting.

The lawyer will have the powers to do everything he deems necessary or simply useful for the fulfillment of the mandate.

More specifically, in accordance with Article 396 paragraph 3 of the Code of Obligations, the lawyer may:

  • represent the client before any court, arbitral tribunals administrative authority, any insurance, Swiss or foreign banking institution, official or private corporation and to any third person
  • sign all acts, including in the authentic form, documents, requisitions on behalf of the client,
  • sue, postpone all competence, conclude all arbitration agreements, do whatever is necessary for the proceedings until final judgment,
    compromise, withdraw or acquiesce in whole or in part, receive all cash, securities, all security papers and other objects, including litigatious and dispose of it, make and receive all payments.
It is also to be noted that the mandate may be terminated by either party at any time, regardless of any reason, however, taking care to avoid “untimely” termination in which case compensation may be claimed by the injured party (404 § 3 CO) .

© – mai 2019 –