Questions about lawyers and law firms

Frequently asked questions about the relationship between client and lawyer.

General questions about the law firm

Most people are only familiar with law firms and the work of lawyers from television series.
The following explanations are intended to give you an understanding of the client-lawyer relationship at Spühler Rechtsanwälte AG.

Start of mandate

In many cases, it is advisable to consult a lawyer at an early stage in order to avoid loss of rights or legal disputes that require a lot of time, money and nerves.

In Switzerland, it is generally possible to contest court or official proceedings without legal representation. However, due to the usually strictly formalistic nature of the proceedings, small formal errors can lead to a loss of rights. There is also a high cost risk. Therefore, the involvement of a lawyer in proceedings should always be considered. It also increases the chances that legal claims can be enforced.

Are you not sure whether you need a lawyer?
Contact Spühler Rechtsanwälte AG and receive an initial assessment of your problem!

Contact Spühler Rechtsanwälte AG without obligation.
If your case cannot be accepted due to a lack of capacity or expertise, a suitable lawyer will be recommended to you.

As a rule, a lawyer from Spühler Rechtsanwälte AG is mandated according to the following scheme:

You fill out the appointment form

You can register for an appointment using a form.
Alternatively, you can also contact us by telephone .

We will call you to arrange an appointment

After receiving your request, we will call you within two working days to arrange a meeting and clarify any uncertainties.
If we are unable to accept the case due to a lack of capacity or specialist knowledge, we will send you an e-mail and recommend suitable lawyers.

We will confirm the appointment by e-mail

After our telephone call, you will receive an e-mail from the person in charge of the case confirming the appointment and, if applicable, a list of necessary documents which we need to assess the case and which you should take with you to the first meeting. Please check your spam folder if you have not received the confirmation within two working days.

You make an advance payment of CHF 350.00

Until the financing can be clarified at the first meeting, Spühler Rechtsanwälte AG is obliged by the rules of the legal profession to secure the expenses by means of advance payments.
For the first meeting, an advance on costs of CHF 350.00 must be paid in advance by bank transfer or at the latest by cash payment at the meeting (no card payment possible).
No payment is required if legal expenses insurance or a victim counseling center has approved the costs.

Meeting at our law firm in Zurich

During the meeting, an initial assessment of your problem can be made, the next steps discussed and the financing of future legal expenses explained.
Please take all relevant documents with you on the day of the meeting.
You can find directions to the law firm on this website.
A meeting is also possible by telephone or video call.

Please bring all relevant documents to the appointment, in particular contracts, letters from authorities or courts, e-mail correspondence or personal notes.
A chronological overview of events and a list of open questions will facilitate an efficient assessment.
The better the facts of the case can be presented, the more sound the initial legal assessment will be.

During the mandate

The legal profession is subject to strict legal and professional rules.
The professional associations and state supervisory authorities ensure compliance with these standards.

Important cornerstones are the attorney-client privilege and the independence of the lawyer from third parties, such as companies, other lawyers and state institutions.

All information that the lawyer receives from his clients in the course of his professional activity is subject to attorney-client privilege, which is protected by criminal and disciplinary law.
This information may not be passed on to third parties or the state without the consent of the client.
It may also not be demanded by the state.
Attorney-client privilege covers in particular correspondence, files and even the fact that a client is part of an attorney’s client base.

The lawyer should be committed solely to the interests of the client.
If a conflict of interest arises, the lawyer must resign from the mandate.

Contact details

Spühler Rechtsanwälte AG
General-Wille-Strasse 19
CH-8002 Zürich

+41 43 344 05 05
info@spuehler.legal

Accessibility

The telephone of Spühler Rechtsanwälte AG is operated from Monday to Friday, from 8:00 to 12:00 and from 13:30 to 17:00.
Outside office hours or if we are unable to take your call, you can leave us a message by e-mail (info@spuehler.legal).

E-mail and electronic communication

For technical reasons, communication via e-mail is not always reliable or confidential, which is beyond the control of Spühler Rechtsanwälte AG.
Although e-mails are processed on a regular basis, the receipt of e-mails may be disrupted or faulty for technical or operational reasons.

Communication by e-mail with Spühler Rechtsanwälte AG is deemed to constitute consent to communicate by e-mail.

Meeting dates

We would be happy to arrange a meeting with you.
Please use the corresponding online form.
Please note that we can only see you by prior appointment.

We recommend that you do not bring children to the meeting if possible.
Being present at such meetings can be very stressful for children, especially if there is a conflict with another parent.

Your availability and changes to your contact details

It is important that you can be reached within a reasonable time.
After notification of representation to private individuals and authorities, correspondence and decisions can be sent to the lawyer with legal validity.
If necessary, you must respond within a certain period of time (e.g. appeal).
In most cases, missing a deadline means a loss of rights.
Please always notify us in good time of any vacation absences or changes to your contact details.
You are requested to notify Spühler Rechtsanwälte AG of any changes to your contact details even after the case has been concluded.

Duration of the procedure

As soon as lawyers and/or authorities/courts are involved in a legal case, the handling of a legal case requires a lot of patience.
Authorities and courts need a lot of time to complete their work and are sometimes overloaded.
Lawyers usually have numerous cases pending, and work must be prioritized according to urgency.
You will usually receive correspondence and decisions from authorities and opposing parties as quickly as possible.

Contact by the other party and authorities

If you have decided to be represented by Spühler Rechtsanwälte AG, it is strongly recommended that you do not make any statements in connection with the case when contacted by third parties (opposing party, opposing counsel, authorities, courts, etc.) and refer third parties to Spühler Rechtsanwälte AG.
This ensures that your representation is informed of all the circumstances of the case and that no actions are taken that could result in legal disadvantages.

As soon as legal representation is reported, authorities, courts and lawyers are generally required to contact your legal representative exclusively.

Changes to shared online access data

Please note that if you separate or divorce from your partner, you should change the passwords for all communication channels and online services (especially e-mail, Facebook, Linkedin, Xing, e-banking, including synchronizations such as iCloud).

It is also possible that your mobile device, tablet, computer, etc. is synchronized with the cloud and the other party can read the electronic communication or documents, which can be to your disadvantage in settlement negotiations and proceedings.
The same also applies in connection with other counterparties with whom you have shared electronic infrastructures.

Your case is comprehensively documented electronically at Spühler Rechtsanwälte AG.
This means that all paper files are also digitized and stored electronically.
The data is stored on our own specially secured server, to which only our employees and no third parties (including IT support) have access.

During the course of the mandate, you will always receive all the documents we receive for your files.

You can view your electronic dossier at any time.

Your data will be archived exclusively electronically by Spühler Rechtsanwälte AG for at least 10 years after the conclusion of your case and then deleted without notification.

Extraordinary termination of the mandate

In principle, a client relationship with a lawyer can be terminated at any time without notice.
However, it is not possible to terminate the client relationship at an inopportune moment.
This means, for example, that a lawyer cannot resign two days before the court hearing so that the client has no opportunity to find a replacement.

The lawyer can terminate the mandate if the client does not pay their fee.
If there is a conflict of interest, a lawyer must terminate the client relationship by law.

Ordinary termination of the mandate

The order ends properly with the settlement of the matter.

Case closure upon termination of the mandate

To close the case, you will be contacted by Spühler Rechtsanwälte AG with a corresponding note to clarify the final questions and officially close the case.
Please note that if your case was financed by an insurance company or by the state, you will have to pay the legal fees yourself after the case has been closed.

About the costs

Spühler Rechtsanwälte AG charges its fees according to the time spent plus
statutory value added tax and a 3% flat rate for small expenses.
Other necessary expenses, such as interpreter or travel costs, will also be charged.
Information on the specific costs can be found under“Fees”.

Invoices for major expenses (advance court costs, debt collection costs, land register extracts, etc.) are forwarded directly to the client for payment.
Late payment of such invoices, in particular advances for court costs, may have legal disadvantages for the client.

The client has the right to be informed initially about the legal fees and procedural costs and to receive regular statements of account.
They can request information about the legal costs incurred at any time.
The total costs of a case can hardly be reliably predicted, as unforeseeable circumstances may result in expenses.
The situation must always be reassessed.

In order to ensure that expenses are reimbursed, Spühler Rechtsanwälte AG regularly requests advances on costs.
This also provides the client with cost control.
In certain cases, an advance on costs can be waived.

If a person lacks the financial means to finance court proceedings in addition to the maintenance for themselves and their family and the proceedings do not appear to have no prospect of success, the state will grant free legal representation.
If legal representation is required to protect legal interests, the state will pay for a lawyer for the needy party.
In criminal proceedings, official defense (free of charge) is granted unless the case is a simple one.
If the financial situation improves significantly after the court or criminal proceedings, the state can reclaim the expenses.

Spühler Rechtsanwälte AG waives advances on costs in the event of obviously poor financial circumstances.
It should be noted that proceedings must be initiated for the granting of free legal assistance and legal representation.
If the free legal assistance is not granted or the proceedings are not initiated, the client must pay the fee invoice himself according to the usual rates.

If legal fees are paid by the state, only necessary legal advice and legal representation will be compensated.
Excessive legal expenses for social and administrative support are not paid.
The expenses must be proportionate to the complexity of the case.

The law firm Spühler Rechtsanwälte AG also works together with legal expenses insurance companies.
After you have clarified whether we can take on the case by requesting an appointment, you should register your case immediately and personally with the legal expenses insurance company and clarify whether insurance cover exists.
Let the insurance company know which person from Spühler Rechtsanwälte AG you would like to be represented by.
The legal expenses insurance company will then issue a cost approval for individual (procedural) steps.
You have no cost risk within the scope of the cost approval.
Services that go beyond the cost approval or are not covered by the insurance policy are subject to a charge for the client.

Please refer to the information sheet of the Swiss Bar Association.

Conducting civil court proceedings is associated with further costs in addition to legal fees.
The party initiating the proceedings usually has to advance the court costs.
The losing party in a lawsuit must pay the court costs and pay compensation to the winning party.
As a rule, the party compensation does not cover the lawyer’s fees.
The court costs and party compensation are calculated according to the value of the matter in dispute (amount in dispute).
You can find a calculator as a guide (without guarantee) for the calculation of court costs and party compensation in the canton of Zurich on the website of the Zurich courts.

The granting of free administration of justice releases the party from the payment of advances on costs and court costs, but not from the payment of party compensation.

Legal expenses insurance can cover court costs and party compensation.

Other administrative and court proceedings outside of civil law can also be associated with costs.

Further information

For further questions, please contact the law firm Spühler Rechtsanwälte AG.

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Then take a look at the most frequently asked questions (FAQ) on the relevant area of law.