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The UK left the EU single market and customs union at the end of the Brexit transition period on 31 December 2020. This has impacted market access to Switzerland since the country has bilateral arrangements with the EU and is covered by the EU directives on lawyers and mutual recognition of professional qualifications.
This guide covers:
The Citizens Rights Agreement (CRA) and Services Mobility Agreement (SMA) came into force following Brexit and regulate the ability of UK lawyers to operate in Switzerland.
Both agreements provide more favourable market access conditions for UK lawyers in Switzerland compared to lawyers from other non-EU/EEA countries.
The CRA sets out the rules for permanent practice and requalification in Switzerland. It applies to UK lawyers (within its scope) who register to practise in Switzerland before the end of 2024.
UK lawyers who register to practise in Switzerland beyond December 2024 can requalify following an equivalent route under the UK-Switzerland agreement on the recognition of professional qualifications.
The SMA sets out the rules for short-term business travel. It will be in place until the end of 2025.
UK lawyers can:
- provide legal advice under their home country professional title on English law and public international law
- provide legal advice on EU law, as this is not a restricted area of activity in Switzerland
- requalify as Swiss lawyers after three years of regular practice and registration with the relevant competent authority (see CRA conditions below)
- practise arbitration, conciliation and mediation under home title
- partner with, employ or be employed by locally qualified lawyers in Switzerland, subject to restrictions outlined below
In addition, UK lawyers of UK nationality can travel to Switzerland on business and provide legal services to clients for up to 90 days per calendar year without a visa/work permit (see SMA conditions below).
Permanent practice and requalification
Citizens Rights Agreement
UK lawyers who requalified in Switzerland before Brexit (under article 10 of the EU Lawyers’ Establishment Directive) can continue practising with the same rights, provided they remain registered with the relevant local competent authority/bar association in Switzerland.
UK lawyers who were registered in Switzerland and practising under home title on a permanent basis before 31 December 2020 can:
- continue to practise, and
- requalify as Swiss lawyers after three years of continuous practise and registration
Solicitors, or those who were in the process of qualifying as a solicitor before the end of the transition period, can also register to practise in Switzerland and requalify into the local profession under the same terms until the end of December 2024.
Read the UK government explainer on the CRA
Recognition of Professional Qualifications
The UK-Switzerland Recognition of Professional Qualifications (RPQ) agreement protects and indefinitely extends the existing right for UK lawyers to requalify in Switzerland without having to obtain a Swiss law degree or sit any local exams.
It’s expected to come into force on 1 January 2025.
Under the agreement (see Annex A), lawyers qualified in the UK of any nationality can requalify in Switzerland if they:
- register to practise with the relevant local competent authority in Switzerland
- sit an aptitude test or complete an adaptation period consisting of three years’ effective and regular practice of host-country law, or less than three years’ practice of host-country law if suitable professional experience has been obtained
- apply to requalify into the local profession by having their qualifications recognised by the relevant competent authority
Find out what the agreement means for UK solicitors
Short-term business travel under the SMA
Solicitors of UK nationality may travel to Switzerland to provide legal services for a period of up to 90 days per calendar year without having to:
- obtain a visa/work permit, or
- complete an economic needs test
The UK employer (company) or individual (if self-employed) must notify the local cantonal authorities (member states of the federal government) at least eight days before the work starts.
Follow the notification procedure
The SMA will be in place until the end of 2025, as the UK and Switzerland decided to extend the agreement by three years.
Time spent in Switzerland as a UK national counts towards the maximum 90 days of visa free travel in any 180-day period allowed within the Schengen area.
Read the UK government explainer on the SMA
Read our article on the extension of the SMA
Federal requirements
UK law firms can:
- open a branch office in Switzerland using any corporate form, including the limited liability partnership (LLP) structure
- freely employ or associate with locally qualified lawyers who intend to provide legal advisory services
However, UK law firms seeking to provide litigation services in Switzerland by employing or associating with locally qualified lawyers who intend to represent clients in court need to bear in mind the following provisions under the Federal Act on the Freedom of Movement for Lawyers (FAFML):
- article 6 states that qualified attorneys in Switzerland who intend to represent clients in court must be inscribed in their cantonal register of attorneys
- article 8 explains that one of the conditions to join the register of attorneys is to “practise law independently” and “only be employed by persons who are themselves inscribed in one of the cantonal registers of attorneys” (qualified in Switzerland)
UK law firms seeking to locally qualified lawyers will need to incorporate as a Swiss company limited by shares in order to ensure they comply with Swiss federal law.
UK lawyers who register to practise on a permanent basis and requalify in Switzerland after three years (see CRA provisions) have the right to join one of the cantonal registers of attorneys and freely employ or associate with locally qualified Swiss lawyers who intend to exercise their rights of audience.
Cantonal requirements
Foreign law firms in Switzerland should also bear in mind the specific rules introduced by different cantons (member states of the federal government).
In Geneva and Zurich, for example, foreign lawyers (including UK lawyers) seeking to gain authorisation to act for clients in court need to comply with the rules set out below.
Geneva: representing clients in court
You’ll need authorisation to appear in court for each particular case in Geneva.
The Security and Economic Department may authorise a lawyer of a non-member state of the EU or the European Free Trade Association (EFTA) to assist a party before the township courts.
You’ll need to present a certificate from the competent authority for the country in which you’re practising regularly. This:
- should state that you’re authorised to practise before courts of the same nature as the relevant Geneva court
- is subject to guarantees of good reputation
Where appropriate, you may be asked to demonstrate your French language skills. Proof of reciprocity may be required.
Find out more from the Geneva Bar Association
Zurich: representing clients in court
Lawyers from non-EU/EFTA countries and foreign nationals without a licence who want to act as professional representative in civil and criminal trials must complete the bar exam of the Zurich canton.
Admission requires:
- a law degree with licence or master’s degree from a Swiss university or equivalent university diploma of a country that has agreed reciprocal recognition with Switzerland
- at least 12 months’ practice within the Zurich judicature
- residence or professional practice in the canton of Zurich
Zurich: partnering with local lawyers
In Zurich, foreign lawyers (including UK lawyers) looking to partner with locally qualified lawyers need to follow the rules below.
If a law firm includes more than one attorney, each of the attorneys is eligible for membership of the Zurich Bar Association (ZAV) only if all other attorneys of the firm with a business address in Switzerland are members of the bar or of another cantonal association being a member of the Swiss Bar Association (SBA).
Thus, if a foreign lawyer would like to partner with a local lawyer who is a member of the ZAV, either the foreign lawyer has to register with the ZAV (or any other cantonal bar in Switzerland) or the local lawyer has to give up the membership.
Foreign lawyers can become members of the ZAV if they:
- have a business domicile in Zurich or are employed by a Zurich law firm, and
- are registered in the list, as per article 28 of FAFML, or in a cantonal attorneys’ register
Resources
UK-Switzerland Services Mobility Agreement (SMA) and explainer
Swiss Citizens’ Rights Agreement (CRA) and explainer
If you have any questions, email international@lawsociety.org.uk.
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