Best Legal Malpractice Lawyers in Arlesheim

About Legal Malpractice Law in Arlesheim, Switzerland

Legal malpractice in Arlesheim falls under Swiss law and the rules governing attorneys in the Canton of Basel-Landschaft. In Switzerland, claims against lawyers are typically based on the mandate contract under the Swiss Code of Obligations. A lawyer must perform with the diligence that can reasonably be expected from a competent professional and must protect the client’s interests. Failing to meet this standard can lead to civil liability for damages. Separate from civil liability, lawyers are subject to professional rules and disciplinary oversight under the Swiss Lawyers Act. A client may pursue civil compensation, lodge a disciplinary complaint, or both, depending on the circumstances.

Why You May Need a Lawyer

You may need a lawyer if you believe your previous lawyer mishandled your case, missed a deadline, gave incorrect legal advice, failed to follow instructions, had a conflict of interest that was not disclosed, overcharged or billed for work not performed, or breached confidentiality. A new lawyer can assess whether the earlier conduct fell below the professional standard, evaluate your losses, gather the necessary evidence, and advise on the best route, whether negotiation, civil litigation, insurance engagement, or a disciplinary complaint. Because malpractice claims require proving what should have happened with competent representation, experienced counsel is often crucial to analyze causation and damages.

Local Laws Overview

Civil liability arises primarily from the mandate provisions of the Swiss Code of Obligations. Under Article 398, a lawyer must act with due care and loyalty. If there is a breach that causes financial loss, the client may claim damages. The client must prove the breach of duty, causation, and the amount of damage. Fault is generally presumed once a breach is shown, but the lawyer can try to prove they acted without fault. Common examples include missed procedural deadlines, inadequate legal research, failure to submit critical evidence, or advising a client to accept or reject settlements without proper analysis.

Limitation periods are important. Contractual claims against a lawyer are generally subject to a 10-year limitation period under Article 127 of the Code of Obligations. If a client also asserts a tort claim, a 3-year relative period from knowledge of the loss and the liable person and a 10-year absolute period apply to that tort claim. Determining when time starts to run can be complex in malpractice matters, so early legal advice is recommended.

Professional conduct is regulated by the Swiss Lawyers Act. Core duties include independence, avoidance of conflicts of interest, confidentiality, careful handling of client funds, and mandatory professional liability insurance or equivalent financial security. Disciplinary measures can include a warning, reprimand, a monetary fine, or a temporary ban on practice. Disciplinary proceedings focus on professional conduct and do not award damages, which are pursued separately in civil court.

Procedurally, most civil claims in Basel-Landschaft start with a conciliation step before the local conciliation authority. If no settlement is reached, the matter can be filed in the competent civil court of Basel-Landschaft. Court fees and the loser-pays cost shifting rule apply, meaning the unsuccessful party generally bears a portion of the other side’s legal costs as set by the court. Evidence such as correspondence, retainer agreements, time sheets, court documents, and expert opinions can be pivotal.

Fee issues and billing disputes may be resolved by negotiation, by civil claim, or in some cases through fee mediation services offered by bar associations. Separately, professional liability insurance held by lawyers can be involved in the settlement of civil claims, but the claim remains against the lawyer.

Frequently Asked Questions

What counts as legal malpractice in Arlesheim

Legal malpractice generally means a lawyer failed to meet the professional standard of care and that this failure caused you a financial loss. Examples include missing filing deadlines, providing incorrect legal advice, failing to disclose conflicts of interest, or breaching confidentiality. Not every unfavorable outcome is malpractice. You must show substandard conduct and resulting damage.

How do I prove my former lawyer was negligent

You must establish four elements. Duty and breach by showing the lawyer did not act with the diligence of a reasonably competent Swiss lawyer in similar circumstances. Causation by showing that, with proper conduct, you would likely have achieved a better outcome. Damages by quantifying the financial loss caused. Fault is generally presumed once breach is shown, but the lawyer can try to rebut that presumption.

What deadlines apply to bring a claim

Contractual malpractice claims are generally subject to a 10-year limitation period. If you also assert a tort claim, a 3-year period from when you knew of the damage and the responsible person and a 10-year absolute period apply to that tort claim. Because calculating these periods can be complex, consult a lawyer promptly.

Can I file a disciplinary complaint and a civil claim at the same time

Yes. A disciplinary complaint addresses professional conduct and possible sanctions. A civil claim seeks compensation for your financial loss. They are separate procedures before different authorities and can proceed in parallel.

Who oversees lawyers in Basel-Landschaft

Lawyers are supervised by the cantonal supervisory authority for lawyers in Basel-Landschaft. This authority enforces the Swiss Lawyers Act and cantonal regulations and handles disciplinary matters. Bar associations may offer guidance or mediation in fee disputes but do not impose discipline.

What documents should I gather before meeting a new lawyer

Collect the engagement or retainer agreement, correspondence, emails, invoices and time records, court submissions and decisions, settlement offers, notes of meetings or calls, and any expert reports. You can ask your former lawyer for your client file. Under Swiss professional rules, the client is entitled to their file.

Will the lawyer’s insurer pay my loss

Lawyers must have professional liability insurance or equivalent security. If your claim succeeds, the insurer often covers the loss up to policy limits. However, your claim is legally against the lawyer. Coverage details and limits depend on the policy, and the insurer may contest liability or quantum.

What if my loss is the loss of a chance

Swiss courts assess what would likely have happened with proper representation. If the lost opportunity had a measurable probability of success, damages can be awarded based on that probability. You will usually need expert input to establish the likely outcome and quantify the loss.

Do I have to try conciliation before suing

Yes, in most cases the Swiss Civil Procedure Code requires an initial conciliation step before the competent conciliation authority in Basel-Landschaft. There are exceptions, but malpractice claims typically begin with conciliation. If no settlement is reached, you may proceed to court.

Can I change lawyers during my current case

Yes. You can change lawyers at any time. Consider potential costs and timing, and ensure a smooth handover of your file to avoid further risks to your case.

Additional Resources

Swiss Code of Obligations, provisions on mandate and liability for breach of contract. Swiss Civil Procedure Code, rules on conciliation, evidence, and cost shifting. Swiss Lawyers Act, professional duties and disciplinary framework, including mandatory professional liability insurance. Supervisory Authority for Lawyers in Basel-Landschaft, the cantonal body responsible for discipline. Basellandschaftlicher Anwaltsverband, the local bar association which may provide general guidance or fee mediation. Schweizerischer Anwaltsverband SAV FSA, the national bar association with information on lawyer conduct and practice standards. Legal expenses insurance providers, which may cover costs of pursuing a malpractice claim depending on policy terms.

Next Steps

Act quickly to protect your rights. Note key dates, especially any deadlines missed by your former lawyer and the time limits for bringing claims. Gather your documents, including your retainer, emails, invoices, and court papers. Request your full client file from your former lawyer if you do not have it.

Consult an independent lawyer experienced in professional liability in Basel-Landschaft. Ask for an initial assessment of breach, causation, damages, and limitation periods. Discuss strategy, costs, and funding options, including any legal expenses insurance. Your new lawyer can contact the former lawyer and their insurer, attempt negotiation, and prepare for the conciliation step required before court in Basel-Landschaft.

Consider whether to file a disciplinary complaint with the cantonal supervisory authority. This can proceed alongside a civil claim. Keep detailed records of any further losses, and avoid communications with the former lawyer that could prejudice your position. If settlement is not possible, be prepared to proceed through conciliation and, if needed, to the competent civil court for a decision.

This guide provides general information about legal malpractice in Arlesheim and Basel-Landschaft. It is not a substitute for tailored legal advice. For a concrete assessment of your situation, consult a qualified Swiss lawyer without delay.