Edited By Izabela Krasnicka and Magdalena Perkowska
We gathered articles concerning not only many European countries but also the United States and a special contribution is made to the system in California (USA). Each part is a unique guide through internal regulations leading to different legal professions. The articles present the academic education system in the field of law and also special requirements and professional exams giving the right/permission to perform legal professions. The reader will see the differences and similarities especially in the European systems of the presented countries.
DAMIANO CANAPA - HOW TO BECOME A LAWYER IN SWITZERLAND 131
How to become a lawyer in Switzerland Damiano CANAPA116 Introduction From an outsider’s perspective it could seem natural that in a small country like Switzerland, a qualified lawyer from one Canton can represent clients in all Swiss judicial authorities. However for more than 150 years, the federal structure of the State constituted a barrier to this vision. In fact, during all these years, there was no regulation providing the freedom of movement to law- yers in the country. This situation lasted for two main reasons. First the Cantons had a strong attachment to their lawyer’s education, and secondly, throughout the twentieth century each Canton kept distinct laws of procedure (the unified Swiss Civil Procedure Code and Crimi- nal Procedure Code only entered into force on 1 January 2011). A lawyer, who wished to represent clients before jurisdictions in a Canton other than that in which he had qualified, therefore needed specific Cantonal Authorisation from the second Canton. Practically, this created a cumbersome system whereby a lawyer who wanted to practice nationally needed to make individual requests in all the twen- ty-six Cantons.117 116 LL.M. (Bruges), Research Assistant (University of Zurich), Lawyer. The author kindly thanks Benoît Chappuis, former Chairman of the Geneva Bar Associa- tion, for his critical review, as well as Adam Czewoja Sheikh for his linguistic review. 117 Swiss Federal Council, Message concernant la loi fédérale sur la libre circulation des avocats, 28 April 1999, BBL/FF 1999, pp. 5331 ff., 5335 (hereafter: Message). 132 Damiano...
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