# How do I find a lawyer, and what does it cost?

You are allowed to represent yourself before a civil court. Anyone who represents you professionally must, as a rule, be entered in a cantonal register of lawyers. Lawyers must be independent, avoid conflicts of interest, maintain professional secrecy, and inform you about their billing. A fee payable only on success is forbidden. You can end the mandate at any time and demand your documents back. If you win a case, the compensation awarded against the other side does not always cover all your lawyer's costs. Legal expenses insurance must let you choose freely for court proceedings. Anyone without money can apply for legal aid.

This guide covers: Who may represent you in court, the cantonal register of lawyers, the professional rules and professional secrecy, fees and billing, contingency fees, the mandate and its termination, the handover of documents, supervision of lawyers, compensation for costs in civil proceedings, legal expenses insurance, and places for a first consultation.

Not covered: Legal aid in detail (there is a separate guide for that), official defence in criminal proceedings in detail, cantonal fee scales and amounts, and details of a lawyer's liability for mistakes.

## Your answers

- Where do you currently stand? (I am looking for a lawyer / I already have a lawyer / I have a problem with my lawyer / I don't know)
- Do you have legal expenses insurance? (Yes / No / I don't know)
- Are you short of money for a lawyer? (Yes, I can barely afford it or cannot afford it at all / No / I don't know)

## Watch out

Be careful about switching in the middle of proceedings. Anyone who ends the mandate at an unfavourable time must compensate the other side for the resulting damage. This applies to you just as much as to the lawyer. Before switching, clarify which time limits are running and who will meet them. A missed time limit often cannot be made up later.

*Applies if: Where do you currently stand? → I already have a lawyer / I have a problem with my lawyer / I don't know*

Sources: [OR · Art. 404](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_404)

Do not wait too long before reporting to the supervisory authority. Disciplinary prosecution is time-barred in any case ten years after the incident. It is also time-barred one year after the supervisory authority learned of the incident. Any investigative step by the authority interrupts this one-year time limit.

*Applies if: Where do you currently stand? → I have a problem with my lawyer / I don't know*

Sources: [BGFA · Art. 19](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_19)

## What to do

**1.** Here is how to go about the search: 1. Look for someone who knows the relevant area of law, for example tenancy, employment or family law. The cantonal bar associations and the Swiss Bar Association have a lawyer-search service for this. 2. At the first contact, say who the case is against. This lets the firm check whether it already represents the other side. 3. Before the first meeting, ask whether it costs anything and how much. 4. Bring all your documents, sorted by date: contracts, letters, decisions, envelopes with a delivery date. 5. Clarify early on how billing works: the hourly rate, the estimated time required, an advance, expenses and value-added tax. Get this in writing. 6. If you have legal expenses insurance, report the case there first.

*Applies if: Where do you currently stand? → I am looking for a lawyer / I don't know*

Sources: [BGFA · Art. 12](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_12)

**2.** If you are not happy with your lawyer: 1. Raise the problem directly, ideally in writing. 2. If an invoice is unclear, demand a detailed breakdown of the services and the time spent. 3. Demand your documents and any money owed to you. 4. Ask the cantonal bar association whether it mediates in fee disputes. 5. If you consider professional rules to have been breached, contact the cantonal supervisory authority. 6. If a lot of money or damages are at stake, get advice from another lawyer.

*Applies if: Where do you currently stand? → I have a problem with my lawyer / I don't know*

Sources: [OR · Art. 400](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_400), [BGer 2C_314/2020 vom 3. Juli 2020, E. 4.3](https://mcp.opencaselaw.ch/entscheid/bger_2C_314_2020#e-4-3)

## The law

Do you actually need a lawyer? In civil proceedings, not necessarily: you are allowed to represent your own case. But anyone who represents you professionally must, in principle, be a lawyer under the Lawyers Act. Only in certain proceedings, for example before the conciliation authority or before tenancy and employment courts, can other professionals also act as representatives, depending on the canton. For the conciliation hearing you must, as a rule, attend in person. A legal adviser or someone you trust may accompany you. In criminal proceedings, the defence of an accused person is in principle reserved to lawyers. Before the Federal Supreme Court, only lawyers may represent others in civil and criminal matters.

Sources: [ZPO · Art. 68](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_68), [ZPO · Art. 204](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_204), [StPO · Art. 127](https://www.fedlex.admin.ch/eli/cc/2010/267/de#art_127), [BGG · Art. 40](https://www.fedlex.admin.ch/eli/cc/2006/218/de#art_40)

Lawyers who may represent parties in court are entered in a cantonal register of lawyers. They are registered in the canton of their business address. The register is kept by the cantonal supervisory authority. With this entry, they may appear in court throughout Switzerland. Entry requires a lawyer's licence. In addition, for example, there must be no certificate of unpaid debt against the person, and they must be able to practise the profession independently. Anyone may ask the supervisory authority whether a person is on the register and whether a prohibition on practising the profession exists.

*Applies if: Where do you currently stand? → I am looking for a lawyer / I don't know*

Sources: [BGFA · Art. 4](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_4), [BGFA · Art. 5](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_5), [BGFA · Art. 6](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_6), [BGFA · Art. 7](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_7), [BGFA · Art. 8](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_8), [BGFA · Art. 10](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_10)

Lawyers on the register must comply with professional rules that also protect you. They must work carefully and conscientiously. They must be independent and act in their own name and on their own responsibility. They must avoid conflicts of interest. Someone who represents you may therefore not also represent your opponent in the same or a related matter, even after your mandate has ended. They must have professional liability insurance. Money and other assets entrusted to them must be kept separate from their own assets.

Sources: [BGFA · Art. 12](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_12), [BGE 134 II 108, E. 3](https://mcp.opencaselaw.ch/entscheid/bge_BGE_134_II_108#e-3)

The Confederation does not set what a lawyer costs. You owe a fee if one has been agreed or is customary. With a professional lawyer, it is customary. Expenses are added to this, for example for postage, copies or travel. At the start of the mandate, you must be informed about the principles of billing. After that, you must be told regularly, or on request, how much fee is owed. You can demand a detailed invoice listing every service and the time spent. Even with a flat fee, the time spent must be recorded. Ask questions as soon as an invoice is unclear to you.

Sources: [OR · Art. 394](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_394), [OR · Art. 402](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_402), [BGFA · Art. 12](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_12), [OR · Art. 400](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_400), [BGer 2C_314/2020 vom 3. Juli 2020, E. 4.3](https://mcp.opencaselaw.ch/entscheid/bger_2C_314_2020#e-4-3)

A fee that depends only on the outcome is forbidden. Before the dispute ends, the lawyer may not agree to receive a share of the proceeds of the case instead of a fee. Nor may they promise to waive the fee if the case is lost. What is allowed is a success surcharge, in addition to a fee that you pay in any case. The Federal Supreme Court sets limits for this: the fixed fee must cover the firm's costs and allow a reasonable profit. The surcharge may not be higher than the fixed fee. And it may only be agreed right at the start of the mandate or after the dispute has ended, not in between.

Sources: [BGFA · Art. 12](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_12), [BGE 143 III 600, E. 2.7.5](https://mcp.opencaselaw.ch/entscheid/bge_BGE_143_III_600#e-2-7-5)

Everything you entrust to your lawyer for the mandate is covered by professional secrecy. The secrecy applies towards everyone and for an unlimited time, including after the mandate has ended. The firm's staff are bound by it too. You can release your lawyer from the secrecy. Even then, they do not have to disclose anything. You can therefore speak openly about everything, including matters that are unfavourable to you.

Sources: [BGFA · Art. 13](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_13)

The law of mandate applies between you and your lawyer. They must, in principle, follow your instructions. The matter must be handled faithfully and carefully, and in principle personally. A settlement, that is, an agreement with the other side, requires your special authorisation. If these duties are breached, the lawyer is liable to you. What is owed is careful work, not a particular result. A lost case alone therefore does not mean the work was poor.

*Applies if: Where do you currently stand? → I already have a lawyer / I have a problem with my lawyer / I don't know*

Sources: [OR · Art. 396](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_396), [OR · Art. 397](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_397), [OR · Art. 398](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_398)

You can end the mandate at any time, without notice and without giving reasons. This right cannot be excluded or restricted by contract, not even by a fixed contract term. The lawyer, too, can lay down the mandate at any time. You must, in principle, pay for the work done and the expenses incurred up to that point. It is best to communicate the termination in writing. If proceedings are under way, also tell the court or authority who will represent you in future, or that you will act yourself.

*Applies if: Where do you currently stand? → I already have a lawyer / I have a problem with my lawyer / I don't know*

Sources: [OR · Art. 404](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_404), [BGer 4A_436/2021 vom 22. März 2022, E. 9.2](https://mcp.opencaselaw.ch/entscheid/bger_4A_436_2021#e-9-2), [OR · Art. 394](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_394), [OR · Art. 402](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_402)

The lawyer must account to you for the conduct of the mandate at any time on request. Everything they have received for you must be handed over to you, for example original documents or money from a settlement. Anyone who hands over money owed to you too late owes interest on it. When switching lawyers, demand your documents back so the new lawyer can continue the work quickly.

*Applies if: Where do you currently stand? → I already have a lawyer / I have a problem with my lawyer / I don't know*

Sources: [OR · Art. 400](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_400)

Every canton has a supervisory authority for lawyers. You can report there if you believe someone has breached professional rules. The authority can order a warning, a reprimand, a fine of up to 20 000 francs, or a temporary or permanent prohibition on practising the profession. The supervisory procedure serves the public interest, not your private interests. Anyone who makes a report is, in principle, not a party to it and cannot challenge the decision. Cantonal law may provide for exceptions. The supervisory authority does not award you money. You must settle a fee dispute or a claim for damages through the civil courts.

*Applies if: Where do you currently stand? → I have a problem with my lawyer / I don't know*

Sources: [BGFA · Art. 14](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_14), [BGFA · Art. 17](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_17), [BGer 2C_666/2023 vom 12. Januar 2024, E. 4.3](https://mcp.opencaselaw.ch/entscheid/bger_2C_666_2023#e-4-3)

If you have legal expenses insurance: read the policy and report the case early, ideally before you instruct anyone yourself. If a lawyer needs to be engaged for court or administrative proceedings, you may choose that person freely. The same applies in the event of a conflict of interest. The insurer must point this out to you. The contract may provide that the insurer can reject your choice. In that case, you may propose three other people, and it must accept one of them. If the insurer refuses cover because it considers your case hopeless, it must give written reasons for this immediately. It must also inform you of the procedure for disputes, which the contract must provide for. If this information is missing, your entitlement to legal protection in that case is deemed acknowledged. If you conduct the case at your own expense and achieve more than the insurer proposed, it must cover these costs up to the insured sum. If the insurance covers the costs, you have no entitlement to legal aid to that extent.

*Applies if: Do you have legal expenses insurance? → Yes / I don't know*

Sources: [AVO · Art. 167](https://www.fedlex.admin.ch/eli/cc/2005/735/de#art_167), [AVO · Art. 169](https://www.fedlex.admin.ch/eli/cc/2005/735/de#art_169), [BGer 8C_27/2016 vom 5. April 2016, E. 3](https://mcp.opencaselaw.ch/entscheid/bger_8C_27_2016#e-3)

## Costs

Anyone who loses a civil case generally bears the court costs and must pay the other side compensation for costs. This mainly covers the costs of their lawyer. If no one wins entirely, the costs are divided according to the outcome. In certain cases, for example in family matters, the court can divide them at its discretion. The compensation for costs is set by the court according to the scale of your canton, not according to your fee agreement. You can submit a bill of costs to the court. The compensation can be lower than what you owe your own lawyer. You bear the rest yourself, even if you win. The other side pays the compensation to you. If the other side does not pay, you generally still owe your own fee. There is no compensation for costs in conciliation proceedings.

Sources: [ZPO · Art. 95](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_95), [ZPO · Art. 96](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_96), [ZPO · Art. 105](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_105), [ZPO · Art. 106](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_106), [ZPO · Art. 107](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_107), [ZPO · Art. 111](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_111), [ZPO · Art. 113](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_113), [OR · Art. 394](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_394)

## Advice

If you are short of money for a lawyer: that is not a reason to give up your rights. Anyone who lacks the necessary means, and whose case does not appear hopeless, is entitled to legal aid. If it is necessary to safeguard your rights, this includes legal aid representation, that is, a lawyer paid for by the state. Lawyers on the cantonal register must take on such mandates in their canton. How to apply for this, and what applies afterwards, is explained in the guide to legal aid. File the application early.

*Applies if: Are you short of money for a lawyer? → Yes, I can barely afford it or cannot afford it at all / I don't know*

Sources: [BV · Art. 29](https://www.fedlex.admin.ch/eli/cc/1999/404/de#art_29), [ZPO · Art. 117](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_117), [BGFA · Art. 12](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_12)

Get legal advice early if you have received a claim, a summary penalty order, a summons, or a decision with a time limit for a legal remedy. This also applies if a lot of money, your flat, your job or your children are affected, if the other side has a lawyer, or if you are accused of a criminal offence. Because of running time limits, you should not wait in these cases.

## Help

Free or low-cost help: the cantonal bar associations run legal information centres where you can get an initial consultation. An overview by canton is available from the Swiss Bar Association. Some cantons and municipalities also offer free legal information. Conciliation authorities and many courts give information about the procedure. Tenants' associations, trade unions and advice centres help their members or particular groups. Always ask in advance whether the advice costs anything.

## Sources

- [BGFA · Art. 4](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_4)
- [BGFA · Art. 5](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_5)
- [BGFA · Art. 6](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_6)
- [BGFA · Art. 7](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_7)
- [BGFA · Art. 8](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_8)
- [BGFA · Art. 10](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_10)
- [BGFA · Art. 12](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_12)
- [BGFA · Art. 13](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_13)
- [BGFA · Art. 14](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_14)
- [BGFA · Art. 17](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_17)
- [BGFA · Art. 19](https://www.fedlex.admin.ch/eli/cc/2002/153/de#art_19)
- [OR · Art. 394](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_394)
- [OR · Art. 396](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_396)
- [OR · Art. 397](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_397)
- [OR · Art. 398](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_398)
- [OR · Art. 400](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_400)
- [OR · Art. 402](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_402)
- [OR · Art. 404](https://www.fedlex.admin.ch/eli/cc/27/317_321_377/de#art_404)
- [ZPO · Art. 68](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_68)
- [ZPO · Art. 95](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_95)
- [ZPO · Art. 96](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_96)
- [ZPO · Art. 105](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_105)
- [ZPO · Art. 106](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_106)
- [ZPO · Art. 107](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_107)
- [ZPO · Art. 111](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_111)
- [ZPO · Art. 113](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_113)
- [ZPO · Art. 117](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_117)
- [ZPO · Art. 204](https://www.fedlex.admin.ch/eli/cc/2010/262/de#art_204)
- [BGG · Art. 40](https://www.fedlex.admin.ch/eli/cc/2006/218/de#art_40)
- [StPO · Art. 127](https://www.fedlex.admin.ch/eli/cc/2010/267/de#art_127)
- [AVO · Art. 167](https://www.fedlex.admin.ch/eli/cc/2005/735/de#art_167)
- [AVO · Art. 169](https://www.fedlex.admin.ch/eli/cc/2005/735/de#art_169)
- [BV · Art. 29](https://www.fedlex.admin.ch/eli/cc/1999/404/de#art_29)
- [BGE 143 III 600, E. 2.7.5](https://mcp.opencaselaw.ch/entscheid/bge_BGE_143_III_600#e-2-7-5)
- [BGE 134 II 108, E. 3](https://mcp.opencaselaw.ch/entscheid/bge_BGE_134_II_108#e-3)
- [BGer 4A_436/2021 vom 22. März 2022, E. 9.2](https://mcp.opencaselaw.ch/entscheid/bger_4A_436_2021#e-9-2)
- [BGer 2C_314/2020 vom 3. Juli 2020, E. 4.3](https://mcp.opencaselaw.ch/entscheid/bger_2C_314_2020#e-4-3)
- [BGer 2C_666/2023 vom 12. Januar 2024, E. 4.3](https://mcp.opencaselaw.ch/entscheid/bger_2C_666_2023#e-4-3)
- [BGer 8C_27/2016 vom 5. April 2016, E. 3](https://mcp.opencaselaw.ch/entscheid/bger_8C_27_2016#e-3)

## Official information

- [Swiss Bar Association: lawyer search](https://www.sav-fsa.ch/anwaltssuche)
- [Swiss Bar Association: legal information centres of the cantonal bar associations](https://www.sav-fsa.ch/de/rechtsauskunft)
- [Federal Office of Justice: law on lawyers](https://www.bj.admin.ch/de/anwaltsrecht)
- [Example, Canton of Basel-Stadt: supervisory commission for lawyers and register of lawyers](https://www.bs.ch/gerichte-judikative/ueber-die-gerichte/anwaltsaufsichtskommission)

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Statute texts checked on 29 September 2026. General legal information. It does not replace individual advice.

https://swisslaw.io/en/courts/lawyer/ · swisslaw.io, courts.lawyer, 2026-09-29 · CC BY 4.0