Services

Advice, out-of-court representation and litigation.

Legal advice

Reliable legal advice from an attorney provides legal certainty and prevents costly legal disputes

Out-of-court representation

Contract negotiations and out-of-court settlement of disputes

Litigation

Solution-oriented and cost-conscious legal representation before authorities and courts as well as criminal defence

Preferred fields of law

The law firm Spühler is primarily active in criminal and civil law in national and international contexts. The law firm advises clients in German, English, Spanish, French and Portuguese. The preferred fields of law can be divided into the following topics:

Family and Inheritance
Habitation
Labour
Companies and associations
Contract law
Compensation
Debt collection and bankruptcy
Immigration Law
Criminal law and criminal defence
Victims of crime
Family and Inheritance
Matrimonial law

Various legal problems may arise with the termination or dissolution of a marriage.

At the latest when a spouse leaves the shared home, the situation must be redefined in the event of separation. Who will receive the apartment? How much maintenance / alimony must be paid? Who should be allowed to live with the children? In this emotionally charged situation, it is important to have a strong and empathetic partner in order to have the open questions of separation settled in court if necessary (proceedings to protect the marital union).

A separation phase is usually followed by a definitive divorce. This can be jointly desired or must be enforced in a lawsuits. In this case, apart from the matters to be regulated in the separation, the division of matrimonial property and occupational pension assets must be carried out.

Domestic violence

In an existing or dissolved family or partnership relationship, individuals may be violated or endangered in their physical, sexual or psychological integrity. This can happen in particular through violence, threat or repeated harassment or stalking of the person concerned.

Child protection and protection of adults

The aim of child and adult protection law is to ensure the protection of persons who are unable to help themselves or obtain necessary support. Such persons in need of assistance are in particular underage children or adults suffering from mental or psychological impairments or addictions.

In principle, the child and adult protection authorities (KESB) are responsible for ordering protective measures. Such protective measures may include, for example, the arrangement of assistance or accommodation of persons.

Law of inheritance

The law firm Spühler supports you in the settlement of your inheritance matters – for example, drawing up a will, a contract of inheritance, as executor or in the regulation of corporate succession. The (judicial) enforcement of inheritance claims may also be necessary.

Keywords

For example, legal services are offered in the following areas:

  • Matrimonial law
  • Marriage contracts
  • Divorce or separation
  • Maintenance payments / alimony
  • Matrimonial property law
  • Child rights
  • Concubinage
  • Registered partnership
  • Adoption
  • Child protection
  • Protection of adults
  • Advance Care Directive
  • Living will
  • Welfare accommodation
  • Inheritance law
  • Will and contract of inheritance
  • Execution of will
  • Enforcement of inheritance claims (statutory entitlement, inheritance, legacy)
Habitation

The law firm Spühler advises and represents tenants or owners of real estate in all areas of tenancy law or home ownership.

For example, legal services are offered in the following areas:

  • rent
  • rent reduction
  • Defects in rented objects
  • Cancellation of rental apartments
  • Condominium ownership
  • Real estate
  • Purchase and sale of real estate
  • Construction defects / Work defects
  • Pledge
  • Neighbouring right
  • Easements
  • Planting
  • Noise, smoke, shadows or other emissions from neighbours
Labour

In the context of an employment relationship, many legal issues may arise with the employee and employer, which require careful clarification.

In particular, the termination of an employment relationship can lead to numerous difficulties and disputes. The employer must comply with various legal provisions in the case of (instant) dismissal or consensual termination agreement in order not to risk their invalidity or claims for damages. The employee is often unaware of his claims and misses important deadlines for their enforcement. It is important to carefully clarify the legal questions on the part of the employer before termination and to react within a short period of time on the part of the employee after termination.

For example, legal services are offered in the following areas:

  • Drafting contracts around the employment relationship
  • Resignation and dismissal
  • Termination agreement
  • Protection of employees
  • Wage entitlement
  • Non-competition clause
  • Work certificate and employment confirmation
Companies and associations

Companies are frequently confronted with numerous legal issues. The law firm Spühler offers reliable and cost-conscious legal advice and legal representation from a single source. The legal issues may concern the company and its legal form itself, or they may concern legal relations with employees or customers.

For example, legal services are offered in the following areas:

  • Start-up companies
  • Sole proprietorship
  • General partnership and limited partnership
  • Limited Liability Company
  • Company Limited by Shares
  • Responsibility of managing directors or board members
  • Commercial register law
  • Name and trademark law
  • Association law
Contract law

The law firm Spühler offers support in contract drafting, contract review and contract disputes. Careful contract drafting can prevent costly disputes at a later date.

For example, legal services are offered in the following areas:

  • Purchase agreement
  • Barter and donation agreement
  • Tenancy agreement
  • Contract of employment
  • Loan agreement
  • Contract for work
  • Contract of services
  • Contract of brokerage
  • Agency contract
  • Commission
  • Transport law
  • Guarantees
  • Package tour contract
Compensation

Have you been negligently or intentionally caused financial damage? The law firm Spühler supports you in asserting your claim for damages in civil and criminal proceedings.

Debt collection and bankruptcy
Enforce claims

Sometimes, it is not enough to have a contract or judgment to enforce a claim in a dispute. The law firm Spühler helps you to enforce your claim with the help of the state in debt collection or bankruptcy proceedings. For this purpose, it may be necessary to take precautionary measures to secure assets before the debtor can make them disappear.

Unjustified debt collection

Conversely, it may be that you are wrongly pursued. In this case, the law firm Spühler will protect your interests in debt collection and bankruptcy proceedings.

Keywords

For example, legal services are offered in the following areas:

Enforcement of all kinds of claims

  • Dept collection proceedings
  • Collection of garnishment
  • Debt collection on debt recovery
  • Bankruptcy proceedings
  • Collocation procedure
  • Recognition of foreign bankruptcies in Switzerland
Immigration Law

Receive support in all matters relating to Swiss immigration law.

For example, legal services are provided in the following matters:

  • residence permit
  • Work Permit
  • Stay in Switzerland for marriage preparation
Criminal law and criminal defence

Attorney Fabian Spühler advises you on all aspects of criminal law and represents you in criminal proceedings before the police, the public prosecutor’s office or in court.

For example, legal services are offered in the following areas:

  • Criminal defense
  • Penalties
  • Order of summary punishment
  • Advice on criminal law
Victims of crime

As a victim of a crime, you have rights within and outside criminal proceedings. As an victim, you can participate in the criminal proceedings (as a civil and criminal plaintiff) and have various protective rights. In criminal proceedings you can claim civil claims such as compensation (adhesion proceedings).

If the offender is impecunious, you may be able to claim damages from the state.

The law firm Spühler takes you seriously as a victim and fights for your rights vis-à-vis the offender and the state. In particular, it ensures that criminal proceedings are initiated and that these are also dealt with in a timely manner.

For example, legal services are offered in the following areas:

  • Representation of victims in criminal proceedings
  • Assertion of civil claims against the offender
  • Protection against domestic violence

Contact your attorney in Zurich now

Client-Attorney Relationship

Most people know the work of the lawyer only from relevant television series. The following explanations are intended to give you a better understanding of the client relationship between a client and his attorney or law firm Spühler.

Do I need an attorney?
How do I find a suitable attorney?
How does the mandate of a attorney work?
Are discretion and independence guaranteed?
How and when can I reach the law firm Spühler?
How much does a lawyer cost?
I can’t afford an attorney / lawsuit. What can I do? – Legal aid
I have legal expenses insurance. What do I have to consider?
What does a civil case cost? Legal costs and compensation of par-ties in civil proceedings
What do I have to consider during the mandate?
When and how does the client relationship with an attorney end?
I have more questions!
Do I need an attorney?

In many cases, it is advisable to consult a attorney at an early stage to avoid legal disputes that are time-consuming, costly and nerve-wracking.

In principle, it is possible to conduct legal proceedings in Switzerland even without legal representation. Due to the mostly formalistically structured procedures, however, small formal errors can lead to loss of rights. Therefore, the involvement of a attorney in legal proceedings should always be considered. In addition, the chances that legal claims can be enforced are increased.

You’re not sure you need an attorney? Contact the law firm Spühler without obligation and get a first assessment of your problem by phone!

How do I find a suitable attorney?

Contact the law firm Spühler without obligation. If your case cannot be accepted due to lack of capacity or expertise, a suitable attorney will be recommended.

How does the mandate of a attorney work?

First of all, the client makes the first non-binding contact with a brief description of the problem.

If legal advice appears necessary, a meeting will be arranged. During the personal meeting, the facts of the case will be discussed and the further procedure will be determined on the basis of an initial legal assessment.

Are discretion and independence guaranteed?

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

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

All information which the lawyer receives from his client in the course of his professional activity is subject to the attorney-client privilege, which is protected by criminal and disciplinary law. This information may not be disclosed to any third party or to the state without the consent of the client. Nor can they be demanded with state coercion. The attorney-client privilege covers correspondence, files and even the fact that a client is a member of the attorney’s clientele.

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

How and when can I reach the law firm Spühler?
Contact Details

Anwaltskanzlei Spühler
Gloriastrasse 66
CH-8044 Zürich

+41 43 344 05 05
info@spuehler.legal

Contactability

The telephone of the law firm Spühler is served 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 a message on the answering machine or leave 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 the Spühler law firm. Although e-mails are processed regularly, the receipt of e-mails may be disturbed or faulty for technical or operational reasons.

The communication via e-mail with the law firm Spühler is considered as consent to communicate via e-mail.

Meetings

We would be happy to arrange a meeting with you by telephone. Please note that we can only receive you after making an appointment in advance.

If possible, we recommend that you do not bring children to the meeting. Attendance at such meetings can be a great burden on children, especially if it is a conflict with another parent.

How much does a lawyer cost?

The law firm Spühler charges its fees according to time spent plus statutory VAT of 7.7% and a 3% lump-sum allowance for small expenses. Other necessary expenses, such as interpreter or travel expenses, will be charged in addition. The hourly rate is agreed upon during the first interview and is based on the complexity of the case and the required technical and language skills.

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

The client is entitled to be informed initially about the lawyer’s fees and legal costs and to receive regular statements of account. It may at any time request information on the legal fees incurred. The total costs of a case can hardly be reliably predicted, as expenses may arise due to unforeseeable circumstances. The situation must be reassessed again and again.

In order to ensure the compensation of expenses, the law firm Spühler regularly requests cost advances. This also offers the client cost control. In certain cases an advance on costs may not be required.

I can’t afford an attorney / lawsuit. What can I do? – Legal aid

If a person lacks the financial means to finance a court case in addition to maintenance for himself and his family, and if the case does not appear to be hopeless, the state will grant free legal aid. If legal representation is necessary in this context to safeguard legal interests, the state will finance an attorney for the party in need. In criminal proceedings, unless the case is a simple one, the official (free) defence is granted. If the financial situation improves significantly after the court or criminal proceedings, the state can reclaim the expenses.

In case of obviously poor financial circumstances, the law firm Spühler waives cost advances. It should be noted that a procedure must be initiated for the granting of (free) legal aid. If legal aid is not granted or the proceedings are not initiated, the client must settle the fee invoice himself according to the usual rates.

If the legal costs 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. Expenditure must be proportionate to the complexity of the case.

I have legal expenses insurance. What do I have to consider?

The costs of a lawyer may be covered by legal expenses insurance. Before contacting a lawyer for the first time, it is advisable to contact the legal expenses insurance company and clarify to what extent advice or representation by a lawyer is covered by the insurance. Report the case to the insurance company immediately. Within the confirmation of cost reimbursement, you have no cost risk. Services that exceed the cost credit or are not covered by the insurance policy are charged to the client.

Please inform the insurance company that you wish to be represented by the law firm Spühler. In any case, please inform Law Firm Spühler about a possible legal expenses insurance. Law Firm Spühler will be pleased to assist you in contacting the insurance company.

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

What does a civil case cost? Legal costs and compensation of par-ties in civil proceedings

The conduct of civil court proceedings is associated with further costs in addition to attorney 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 the winning party compensation. As a rule, the compensation of the parties does not cover the lawyer’s fees. The court costs and party compensation are calculated according to the value of the dispute (amount in dispute). A calculator as a guide (without guarantee) for calculating court costs and party compensation in the Canton of Zurich can be found at http://www.gerichte-zh.ch/fileadmin/user_upload/Dokumente/Themen/Allgemeine_Dokumente/Prozesskosten/P_P rozesskosten.htm.

The granting of legal aid shall release the party from the payment of advances on costs and court fees, but not from the payment of any compensation to the party.

Legal expenses insurance may cover court costs and party compensation.

Other administrative and judicial proceedings outside civil law may also involve costs.

What do I have to consider during the mandate?
Your availability and change of contact details

It is important that you can be reached within a reasonable time. After a notification of re-presentation to private persons and authorities, correspondence and decisions can be sent to the lawyer with legal effect. If necessary, a response must be made within a certain period of time (e.g. appeal). Missing a deadline means in most cases a loss of rights. Please always announce holiday absences and changes in contact details well in advance. You are requested to notify the law firm Spühler of any changes in your contact details even after the case has been closed.

Duration of the procedure

As soon as attorneys 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 do their work and are sometimes overloaded. Attorneys usually have a large number of cases pending, and work must be prioritized according to urgency. Correspondence and decisions from authorities and counterparties are usually sent to you as soon as possible.

Contact by the other party and authorities

If you have decided to be represented by the law firm Spühler, it is strongly recommended that you do not make any statements and refer third parties to the law firm Spühler in any contact by third parties (counterparty, opposing counsel, authorities, courts, etc.) in connection with the case. This ensures that your representative 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 indicated, authorities, courts and lawyers are generally required to contact your legal representative exclusively.

Changes to shared online access data

Please note that in case of separation or divorce from your life partner, you should change the passwords of all communication channels and online services (especially e-mail, Face-book, 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 applies in connection with other counterparties with whom electronic infrastructures have been shared.

When and how does the client relationship with an attorney end?

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

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

With the settlement of the matter the order ends properly.

For the conclusion of the case, you will be contacted by the law firm Spühler with an ap-propriate note to clarify the last questions and to officially close the case. Please note that if your case was financed by insurance or by the state, you will have to pay your own lawyer’s fees once the case is closed.

During the conduct of the mandate you will receive all documents received by law firm Spühler as copies or duplicates for your files. In addition, a file containing the same files is kept within the firm. You will receive the (original) documents provided to me by you at the latest when the case is closed. Your files will be archived by the law firm Spühler for at least 10 years after the conclusion of your case and then destroyed without notification.

I have more questions!

For further questions please contact the law firm Spühler.

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