Frequently asked questions
What is the attorney's hourly rate ?
There is no official rate and fees will vary depending on the canton and the city. In Neuchâtel, the usual rate is around CHF 300.-/hour and you will usually be asked to pay a retainer fee, covering a few hours. If your financial situation is not compatible with this rate, different options are available (see below).
How much will the trial cost me in the end? IS it possible to have an estimate from the start ?
It is not always possible to accurately articulate the cost of the entire proceedings. However, your attorney will provide you with an estimate, once the details of your case are known and a strategy is defined according to your needs. The different options and their respective costs will be discussed openly and you can then decide on the strategy that most suits you.
May I choose to pay the lawyer's fees only if they win the case ?
No, you may not, Swiss law prohibits such practices.
May I choose to pay the lawyer a percentage of the amount I am awarded (contingency fee) ?
No, you may not, as Swiss law prohibits contingency fees. However, if so agreed with the client, in addition to his/her hourly rate, the lawyer may receive a "success fee" that is contingent on the amount recovered. The success fee is subject to conditions under Swiss law.
May I choose to pay a flat fee instead of an hourly rate ?
Yes, you may. According to the law, the fee should cover the services that the lawyer is expected to provide.
I need a lawyer, but my financial means are limited. What options do I have ?
If you are the victim of a criminal offence or of medical malpraxis (medical error), you should contact the victim support service at your place of residence, as you have the right to have your defense costs covered. Your attorney can help you with this process if you wish. For Neuchâtel canton you will find more information on the following website : https://savi-ne.ch/
Otherwise, you should check whether you are covered by a legal expenses insurance. Such insurances are sometimes linked to other services, for example vehicle liability insurance or household insurance. Then you should contact the insurance company and check whether they will cover your case. Sometimes the insurer may try to push their choice on you, but know that you are allowed by law to have the attorney of your choosing if a trial is in order or if a conflict of interest arises with the legal expenses insurance.
In any case, if your financial ressources are very limited, you may be eligible for legal aid, in which case your legal expenses (court fees and attorney's fees) are borne by the State. Your lawyer will guide you through the application process.
If you do not qualify for legal aid, you may reach an agreement with your attorney and pay the fees in several installments.
Finally, some associations offer free legal advice and representation, so you may contact them.
What documents should I bring to the first consultation ?
Any and all documents and correspondence concerning your case. It is often useful, especially if you want to apply for legal aid, to also prepare your monthly expenses with supporting documents. The documents are mentioned on the last page of this form .
Is the consultation confidential ?
Yes, all lawyers are bound by confidentiality (attorney-client privilege) and may not disclose the content of consultations and files.