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Trust in your legal representative is the basis for efficient and sustainable resolution of problems. It is therefore important that you seek an open conversation with your lawyer. Attorney-client privilege means that the confidentiality of all information you provide to your lawyer is protected by law, and so cannot be disclosed to any third parties, including authorities and judicial bodies, without your express permission. Lawyers are subject to oversight by the cantonal bar authority, which supervises the legal profession of the respective canton. If a lawyer becomes subject to disciplinary proceedings, the authority may check the lawyer’s compliance with professional rules and impose sanctions.
Furthermore, lawyers are prohibited from representing parties with conflicting interests. This provides a guarantee that your lawyer will be fully committed to you and your interests. In addition, your lawyer must avoid any conflicts of interest arising from representing you and having business or personal dealings with other persons.
As soon as the lawyer formally accepts your mandate and receives the relevant files, initial clarifications can be made, and any legal action can be taken. Often, several persons are entrusted with managing your case: for example, a power of attorney may include a power of substitution. This means that "sub-representatives" can be appointed. Your lawyer is usually supported by other employees in the firm.
As a rule, you will conduct correspondence with your lawyer via electronic (telephone, e-mail, or fax) and postal means. It is also customary for further face-to-face discussions with the legal representative following the initial/mandate interview. In-person meetings are particularly useful before a negotiation or a settlement discussion. However, meetings may also be arranged in general with a view to deciding the way forward.
The final decision on how to proceed will always be yours as the client. Your lawyer will identify possible ways and legal actions, and then help you choose the best option. The lawyer is obliged to keep the client informed of developments at every step in the legal process, and so will forward you any letters from the opposing party, orders of authorities, and court decisions.
The lawyer practices their profession carefully and conscientiously. Acceptance of the mandate establishes a contractual relationship between the lawyer and the client. The legal representative is obliged to act diligently toward the client, the other party, the court, and the public, but cannot guarantee success in the case. The required degree of due diligence is determined by objective criteria, including professional rules and the jurisprudence of judicial authorities. It can also be considered how the average person would have behaved in the same situation. The obligation to inform the client of risks and to deter them from unpromising proceedings is fundamental to the lawyer’s professional obligations to exercise due care and conscientiousness.