Pro Bono Practice and Opportunities in Switzerland

In Switzerland, the provision of legal services, in particular legal representation before judicial authorities, is governed at both federal and cantonal levels, reflecting the country’s federal structure and the existence of a lawyers’ monopoly on such activities.

At the federal level, the primary legislation governing the legal profession is the Federal Act on the Free Movement of Lawyers of 23 June 2000 (FMLA).^[3] This act addresses various aspects of the profession, including inter-cantonal freedom of movement, cantonal registers, and the federal rules of professional conduct. The Swiss Bar Association (SAV), acting as the federal bar association, plays a key role in coordinating the regulation of continuous education and representing the profession at the federal government level. At the cantonal level, the SAV is supported by 24 cantonal bar associations,^[4] each with the authority to regulate the conduct of lawyers practising within their respective cantons, provided the lawyers are members of the relevant cantonal bar association.

Although membership in the SAV ^[5] or in these cantonal associations is not mandatory, most lawyers choose to join. Every lawyer who is a member of a cantonal bar association is automatically a member of the SAV.

The standard local qualifications to practise law generally include completing recognised legal studies, serving an apprenticeship of at least one year (the duration may vary between cantons), and passing the bar examination.^[6] Lawyers planning to practise in Switzerland must register in the cantonal lawyers’ register of the canton where their office is situated. This application requires submitting their Swiss bar exam certificate (Article 7 FMLA) and meeting the local standard qualifications, as well as providing evidence that they satisfy certain personal criteria. According to Article 8 FMLA, these personal criteria include having the ability to exercise civil rights, the absence of a criminal record incompatible with the profession, the absence of an act of bankruptcy, and the ability to practice independently.

The requirement to practice independently is interpreted strictly. This involves practising either as a self-employed professional or as the employee of other lawyers registered in a cantonal register. It is important to note that, for this reason, in-house counsels ^[7] do not fulfil the conditions for registration in the cantonal register as attorneys and are thus not entitled to represent individuals and entities before judicial authorities.

In Switzerland, the provision of pro bono legal services, defined as voluntary and unpaid legal assistance,^[8] is not explicitly regulated by specific rules. The government’s legal aid scheme provides free legal representation in court, which some consider to be a form of “pro bono” work. Therefore, this section outlines the regulations governing the provision of these services.

The Swiss Constitution mandates the right to free legal representation for indigents, which is only granted when necessary to safeguard the applicant’s rights.^[9] Qualified Swiss lawyers registered under a cantonal attorneys’ register are, as a rule, obligated to accept court-assigned defence appointments and mandates of judiciary assistance in their canton, but this requirement does not apply to foreign lawyers.^[10] When a party is granted legal aid^[11], the court appoints a lawyer and compensates them at a reduced rate, usually around CHF 200 per hour, with the court retaining the authority to adjust the number of hours claimed. If the party later acquires sufficient financial means, the court may seek to recover the costs, including both court fees and the attorney fees it initially covered.

In practice, mandatory participation in the government legal aid scheme has the effect of diminishing voluntary pro bono work that law firms accept. There are no formal definitions or guidelines for pro bono services from the SAV or cantonal bar associations. Instead, law firms and corporations may establish their own internal guidelines for such services. Overall, these voluntary services are subject to the same rules as paid legal work. Of note, Swiss lawyers are not required or encouraged to perform voluntary pro bono as part of their bar registration or any ongoing training requirements.

Swiss lawyers generally do not need a special licence to provide pro bono legal services beyond the usual local qualification to practice law described in the answer II(a)(1). However, access to specific pro bono opportunities may have additional credential requirements. For instance, participation in the Geneva Bar Association’s Human Rights Pro Bono Platform is restricted to members of the Geneva Bar Association.

Lawyers from the European Union (EU) or European Free Trade Association (EFTA) member states can practise as lawyers on a strictly temporary basis without the need to be registered with the relevant cantonal lawyers’ register. A regular practice requires registration with a public list of foreign EU/EFTA lawyers maintained by the relevant cantonal supervisory authority for lawyers.

In specific cases (e.g., where there is a mandatory requirement to be represented by a lawyer in judiciary proceedings), lawyers from EU/EFTA must act in cooperation with a lawyer registered in the cantonal register (i.e., a lawyer holding the Swiss bar examination certificate (see also question 1 above)). Lawyers from EU/EFTA remain, as a rule, subject to the same professional rules and professional confidentiality requirements as Swiss lawyers.

For other cases and subject to the above, EU/EFTA lawyers are not required to obtain additional licences to provide pro bono legal services in Switzerland. However, they may not be eligible for specific pro bono opportunities. For example, they cannot join the Geneva Bar Association’s Human Rights Pro Bono Platform clearinghouse unless they are registered with the cantonal bar association.

Foreign lawyers from outside of the EU/EFTA do not have access to the Swiss legal market as regards representation before judicial authorities.

Lawyers in Switzerland do not have a mandatory requirement to complete a minimum number of pro bono hours.

Aspiring lawyers are not required to complete a minimum number of hours of pro bono legal services as a condition for obtaining their licence. This is not part of the professional requirements of Article 7 FMLA.

While there are no mandatory pro bono hours required for lawyers, many law firms voluntarily engage in pro bono work to enhance their reputation and corporate social responsibility standing. Additionally, pro bono services provide lawyers with the opportunity to develop skills and expertise in areas that may not form part of their core practice.^[12] Although these hours are not compulsory, they can contribute to fostering a culture of service and professional development.

No, there are no CLE requirements, as indicated in the response to II(b)(2).

Lawyers practising in Switzerland, whether Swiss-qualified or foreign, and registered in the cantonal attorneys’ register are required to have mandatory indemnity legal insurance that corresponds to the type and extent of risks associated with their professional activities.^[13] This insurance coverage extends to both pro bono work and government legal aid assignments, with no specific additional provisions for these types of services.

In Switzerland, the advertising of legal services, including pro bono successes or soliciting new pro bono clients, is subject to strict conditions. Most notably, “advertising” must be limited to stating objective facts and must correspond to the public need for information, as stated in Article 12 let. d FMLA. Advertising the names of individual pro bono clients without their prior approval or consent would violate professional confidentiality obligations. Therefore, while there are no specific rules that prohibit advertising pro bono successes or soliciting new pro bono clients, such advertising must adhere to the general principles of objectivity and public need for information and must not breach client confidentiality.

Given the limited culture of pro bono legal services in Switzerland outside the established legal aid scheme (see response to II.(b)(1)), identifying areas of significant unmet legal needs can be challenging. However, with the legal aid framework, unmet needs may be particularly evident in the provision of legal advice outside of court proceedings, as opposed to legal representation in court.

Pro bono clearinghouses, such as the Geneva Bar Association’s Human Rights Pro Bono Platform, often have specific focuses, like matching lawyers with the opportunities from Non-Governmental Organisations (NGOs) that specialise in human rights issues. Specific NGO committees also often partner with law firms to meet such need, especially when focusing on vulnerable populations.

The main providers of pro bono legal services in Switzerland are a limited number of private local and international law firms, though many do not advertise their local pro bono activities.

Large firms often have significant pro bono culture. Pestalozzi, a law firm based in Zurich and Geneva, for instance, advertises being a part of LexMundi’s Pro Bono Foundation, which is committed to global pro bono legal services.^[14] CMS, another law firm based in Zurich and Geneva, notes its assistance to various NGOs on a pro bono basis, demonstrating its support for non-profit organisations and the public good.^[15] Lenz & Staehelin is regularly involved in initiatives such as supporting human rights organisations (such as Caritas, a Catholic organisation that aims to end poverty, promote justice, and restore dignity) or non-profit and cultural associations.^[16]

Additionally, some Swiss lawyers may serve on non-profit boards without receiving payment, contributing their expertise and leadership to enhance the governance and effectiveness of these organisations.^[17] While pro bono legal services in Switzerland are not as widespread as in some other countries, the efforts of these leading law firms and individual lawyers play a crucial role in supporting vulnerable individuals and organisations and promoting access to justice.

Technology and artificial intelligence (AI) are used in Switzerland to enhance access to pro bono legal services. A few examples are outlined below.

The Geneva Bar Association has developed a Pro Bono Platform, which uses technology to streamline the process of connecting legal entities, such as NGOs, foundations, and associations, that are active in the field of human rights and have ties to French-speaking Switzerland, with lawyers who are members of the Geneva Bar Association and are willing to offer them pro bono legal support in their areas of expertise.^[18]

Swiss law firms, including those providing pro bono services, may rely on their information technology to assist with pro bono matters as they would with any other billable task.^[19]

Technology has also enabled the development of online reporting tools. For instance, the Swiss Foundation against Racism and Antisemitism has created a reporting tool that provides direct links to the reporting centres of companies, social media platforms, and media outlets. This tool has expedited the reporting process, saving valuable time for victims.^[20]

Finally, the Global Pro Bono Hub is a worldwide platform that uses a centralised database to share resources among pro bono lawyers and organisations.^[21]

In Switzerland, while the government legal aid scheme can be viewed as the primary governmental source of pro bono opportunities, several notable non-governmental organisations and platforms also provide access to pro bono work. These include for instance:

• Geneva Bar Association’s Human Rights Pro Bono Platform: A pro bono clearinghouse operated by the Geneva Bar Association, which connects human rights NGOs with suitable lawyers.^[22]
• TrustLaw: Thomson Reuters Foundation’s global pro bono legal program that links law firms and corporate legal teams with high-impact NGOs and social enterprises working on social and environmental issues.^[23]
• Swiss Refugee Council: Provides free legal advice to asylum seekers, either directly or by forwarding their queries to the appropriate authorities.^[24]
• International Bridges to Justice: An independent, non-profit NGO headquartered in Geneva, dedicated to protecting due process and ensuring fair trials for accused persons worldwide.^[25]
• Juris Conseil Junior: A non-profit association in Geneva that provides free and confidential legal advice to minors and young adults, as well as their families and professionals working with them.^[26]
• AsyLex: A non-profit association that supports asylum seekers by offering free legal advice and templates for asylum interviews.^[27]

These organisations and platforms play a crucial role in ensuring access to justice for various vulnerable groups and individuals in Switzerland.

Local and foreign lawyers can register with the following organisations or platforms to learn about pro bono opportunities:

• Geneva Bar Association’s Human Rights Pro Bono Platform: For further details, refer to the response in II(e)(1). Members of the Geneva Bar Association can apply to be matched with pro bono opportunities.^[28]
• TrustLaw: For more information, see the response in II(e)(1). Individuals, law firms, or in-house legal teams can apply to become TrustLaw members to access pro bono opportunities.^[29]

As explained, pro bono activities are generally treated as any other legal service by law firms, conducted by the relevant subject-matter specialists rather than coordinated or organised by dedicated pro bono lawyers in Switzerland; therefore, there is no Swiss list or ranking of activities of this type. However, awards distributed globally in this field can be consulted on the Global Pro Bono Hub website ^[30] or on the Lex Mundi website.^[31]