How do I search for the right lawyer?

Many people rely on recommendations from friends and relatives when looking for a lawyer. However, the lawyer who helped with a complicated inheritance dispute is not automatically the best choice when it comes to a building defect. Instead, you should look for an expert in the field in which you are legally active. Various considerations will help you decide.

Why do I need a lawyer at all?

With the exception of the necessary defence in criminal proceedings, the Swiss legal system does not require a lawyer. This means that you can generally represent your own interests in legal disputes. For example, if both parties agree on the ancillary consequences of a divorce, there is no need for legal representation. This also applies if there is agreement within a community of heirs following a death. Simple issues relating to labour, tenancy or debt collection law can also be resolved without legal assistance.

The situation is different when it comes to existential matters as a private individual or when complex issues need to be clarified for your company. Regardless of the area of law, professional advice and representation is essential if your rights have been violated. This may be the case in the event of termination without notice or abusive dismissal or if you are aware of the legal risks to your company and wish to counter them adequately. If the other party is represented by a lawyer, it is usually worth looking for a legal representative yourself.

In these cases, a lawyer has the task of providing your client with comprehensive advice and information about the legal situation specific to the case. He not only explains possible claims and counterclaims, but also the chances of success, options for action and the cost risk associated with the matter. Experienced lawyers know whether an amicable settlement or going to court makes more sense. Even in the event of an out-of-court settlement, the lawyer will help you to enforce your claims.

Finding a lawyer - what you should look out for

Regardless of the specific nature of the matter, there is a suitable lawyer for every legal issue. A distinction must be made between different types of lawyers:

Generalists have completed basic legal training and are characterised by their breadth of expertise, which helps them to recognise and deal with contexts beyond individual areas of law. All lawyers can help you with simpler legal questions and legal issues in particular. This may be the case, for example, if you want to draft a will, take legal action against a driving disqualification or finalise an amicable divorce. The hourly rates of a generalist are usually considerably lower than those of a specialist. You should therefore carefully consider whether it really makes sense or is necessary in your case to look for an experienced specialist.

Specialists have also completed basic legal training, but have then specialised in one area of law. Thanks to many years of practical experience and further training in this area, specialists are particularly familiar with the applicable regulations and can also offer quick and competent help in complex matters and special areas.

For example, if you would like to conclude a termination agreement for your employment relationship or if you feel harassed by a superior, a lawyer specialising in employment law is the right person to contact. If you are dealing with issues such as separation, divorce, custody, maintenance obligations and relationships, you are well advised to consult a family lawyer. For disputes with insurance companies, on the other hand, you should look for a lawyer specialising in insurance law.

Although the hourly rate of a specialist is higher than that of a generalist, competent and above all efficient advice is guaranteed. This in turn not only has a positive effect on your chances of success, but also on the number of hours your specialist has to invest to deal with your matter.

Specialist lawyers complete additional training after their basic legal training and also commit to regular further training in their chosen specialism. Every specialist lawyer is a specialist in their field, but not every specialist has a qualification as a specialist lawyer. The field of activity of a specialist lawyer is the same as that of a lawyer without the title of specialist lawyer: both advise the person seeking legal advice in specialised matters and - if necessary - represent them in court. However, the title of specialist lawyer guarantees above-average expertise and experience and can ensure an even better starting position in disputes - especially in court - than if you work with a specialist without the title of specialist lawyer. However, the path to the title of "SAV specialised lawyer" is not open in every area of law. In Switzerland, this specialisation is currently only available in the following areas:

• Labour law
• Construction and property law
• inheritance law
• family law
• Liability and insurance law
• Tenancy law
• Criminal law

Where should my lawyer's office be located?

Many legal problems can be solved by telephone and written correspondence. It is therefore not always necessary for your lawyer's office to be in your neighbourhood. The advantage of geographical flexibility is that you have a larger network of experts at your disposal and therefore have a better chance of finding the right legal representation for your matter. With a bit of luck, offers from lawyers in outlying regions can also be somewhat more budget-friendly than those from law firms in large city centres. Depending on the matter at hand, it may even be worth looking for a lawyer outside the city centre.

The situation is different, however, if your lawyer has to represent you in court or before the authorities. In this case, it makes sense to look for a lawyer in the neighbourhood. Otherwise you will incur additional travelling costs. In certain areas of law, such as construction law, knowledge of cantonal and municipal laws and ordinances is also required. In this case, too, you should therefore definitely choose a lawyer from the region who is familiar with these matters. When making your choice, you should therefore pay attention to the canton in which your legal expert passed the bar exam.

What role does the gender of my legal representative play?

Female lawyers are snappy, whereas male lawyers are better at asserting themselves: Such dusty gender clichés about female and male lawyers unfortunately still serve far too often as a basis for deciding which lawyer to choose. Others see individual areas of law as gender-specific "core competences". Finding a suitable lawyer can therefore be a major hurdle.

Those who focus primarily on gender when choosing a legal expert will find it difficult to find a lawyer. It goes without saying that the professional, personal and social skills of a lawyer do not depend on whether they are a man or a woman. Rather, they can be traced back to the individual character of the person. Neither gender is superior to the other per se. The decisive question must therefore be: Male or female lawyer - with whom do you feel more comfortable?

What qualities does a good lawyer have?

The professional expertise of a lawyer says nothing about whether you will feel that you are in good hands with her. Character traits play a much greater role, which in turn lay the foundation for a good relationship of trust. A good lawyer will always treat you as an equal. She or he will listen to you and take your fears and concerns seriously. She or he will be courteous and available to answer your legal questions. A competent lawyer is aware that every case is different. Taking individual needs and options into account, she or he carefully weighs up alternative solutions. This enables her or him to adopt the best strategy. The following are therefore important qualities that your lawyer should have:

A good lawyer will not promise you anything she or he cannot deliver. Since the outcome of every case depends on a variety of factors, it is difficult to predict. Reputable lawyers will be open and honest with you. They remain realistic and refrain from giving you false hope. They will focus their full attention on the facts. When you first contact the lawyer, enquire about their availability and possible communication channels. If the lawyer is not available to answer your queries or is only available sporadically, this will make the collaboration unnecessarily cumbersome. It doesn't help if the lawyer's professional qualifications are impressive.

You can recognise a good lawyer by the fact that she or he takes her or his time. For you - and for your case. To ensure comprehensive advice and effective representation, the lawyer studies the relevant documents in detail. As part of the research, the lawyer deals not only with legal texts, but also with comparative judgements. At the same time, she or he takes care to examine all aspects of your individual case. The trust that is important for successful cooperation requires transparency. A good lawyer therefore attaches great importance to regular dialogue. A good lawyer will always keep you informed about the status of your case and notify you immediately of any new developments. Openness is also required with regard to the cost structure. Ideally, you will be informed at an early stage how much it is likely to cost to resolve your matter.

Legal language is not easy for laypeople to understand. Complex issues and sophisticated technical terms make it difficult to grasp important structures and contexts. A good lawyer therefore takes care to explain facts and processes in a generally understandable way. She or he will not only inform you about the important aspects of your case, but will also let you know what steps she would like to take. An empathetic lawyer will respond to queries with patience. She or he stays focussed on the matter at hand and takes the time to go into more detail. As a person seeking legal advice, you will never have the feeling of being disturbed or unwanted. A lawyer stands for reliability: she or he honours agreements and deadlines and pays meticulous attention to meeting any deadlines. If the lawyer cannot be reached by phone or email, she or he will get back to you promptly.

The problem with the search for a suitable lawyer is that a search engine query usually results in an overwhelming flood of results that are difficult for a layperson to categorise and evaluate. The databases of the cantonal bar and professional associations are also generally not very detailed and usually leave searchers at a loss due to the lack of decision-making aids. In addition, it is not clear whether the lawyer is available at all and has time for new mandates immediately. All of this makes the search for a lawyer a time-consuming process that requires a lot of time and vigour.