What can I do if I have
problems with the
lawyer?

Lawyers are free to determine their hourly rate. There is no upper limit. The rates can vary greatly depending on the complexity of the case, the urgency, the qualifications of your lawyer and the customary local rates. However, lawyers are obliged to inform their clients of the fee conditions when they accept a mandate. Instead of an hourly rate, you may also be able to agree a flat rate or a cost ceiling with your lawyer.

While pure secretarial work, for example, is included in the agreed lawyer's fee, travelling expenses and other cash outlays such as postage and telephone costs may be charged in addition to the actual fee. This also applies to VAT, which is added to the lawyer's fee.

As a first step, request a detailed fee invoice. This must be structured in such a way that you can understand the plausibility of the individual invoice items. If this does not clarify the matter, you can contact the fees committee of the cantonal bar association. However, this can only help you if your lawyer is a member of the association. The Fees Commission can intervene in the event of a dispute and propose a solution. But be careful: The commission will only judge in extreme cases whether the time spent in dispute was actually reasonable.

As a general rule, lawyers in Switzerland are not paid on a contingency basis, but for their work and diligence. However, if you lose a case because your lawyer missed a deadline, for example, they may be held liable under certain circumstances. This is the case if it can be proven that he acted unprofessionally and that this resulted in quantifiable damages.

If you are convinced that your lawyer is not (or no longer) acting in your best interests, it may be worth working with another legal representative. In principle, the cancellation of a mandate is not bound to any particular form and can be made at any time. However, it is advisable to give notice in writing. Do not take this decision lightly. A change of lawyer always means additional costs, as the new expert will also have to familiarise themselves with your case. It is therefore better to seek dialogue first and try to find another solution if possible.

Particularly in the case of divorces, it can happen that you want to get divorced amicably and consult a lawyer together. Suddenly, despite all good intentions, a conflict flares up that can only be resolved in court. In this case, a conflict of interest arises for your lawyer. He or she can only represent you and your future ex-spouse together as long as you are in agreement. If this is no longer the case, the lawyer must resign and both partners must find their own lawyer.

Your lawyer may resign at any time. However, if he does so at a so-called inopportune moment, i.e. at a time that has demonstrable and quantifiable negative consequences for you, he may be liable for damages under certain circumstances. If he does not endeavour to postpone the court date and thus provide a new lawyer with a useful familiarisation period, you will suffer damage as a result. In addition to a claim for damages, you can also report the lawyer in question to the professional court of the cantonal bar association.

GetYourLawyer stands for the quality and good work of the lawyers in the network. As a customer, you therefore have the opportunity to let GetYourLawyer know if you are dissatisfied with your lawyer. GetYourLawyer helps to resolve the conflict by having a specialist from the internal mediation team listen to both sides, exchange opinions and propose a course of action to satisfy both the customer and the lawyer. If you would like to submit a complaint, you can do so by completing a complaint form and sending it to [email protected].