Public Sector
Umbricht Attorneys Ltd. advises and represents public institutions on the communal, cantonal and federal level, as well as in issues of European law and (economic) international law.
Our public sector clients include official authorities, state entities, parliaments, government offices, departments, communities, public-law institutions as well as public officials, officeholders and members of parliament.
Public law matters frequently involve having to carefully consider varying interests. We remain politically neutral and independent at all times. That is an essential prerequisite when carrying out our examinations and preparing opinions. Also clients whom we afterwards represent in proceedings value our balanced estimation of the situation beforehand.
Situationen & Lösungsansätze
Our team carries out research, clarifications, (internal) investigations and training and will edit and draft regulations and legal opinions. We have summarised some example situations which potentially might arise and to some degree also set out our solutions to assist you.
Your situation
Your state entity enquires whether it can expropriate property or neighbour rights.
Our solution
- We provide a legal opinion on the validity of an expropriation.
- We draft expropriation orders.
- We provide support in expropriation proceedings.
Your situation
Your authority deals with the drafting of normative acts or is looking for appropriate regulatory instruments.
Our solution
- We develop regulation concepts and legislative approaches.
- We provide support with the drafting of laws, acts and regulations.
- We review existing or proposed regulation concepts and normative acts.
- We give legal opinions on legislative proposals or their constitutionality.
Your situation
Your authority is faced with new questions of interpretation when faced with requests regarding the issuance of licences or permits.
Our solution
- We review the legal position.
- We assist you in any proceedings.
Your situation
The qualification of an expenditure as bound or new is unclear.
Our solution
- We qualify the expenditure.
- We prepare a memorandum.
Your situation
Your municipality seeks to establish collaboration with other public authorities in order to carry out some of its public functions jointly.
Our solution
- We analyse possible forms of co-operation.
- We draft contracts.
- We draft voting documents.
Your situation
Your state entity has to verify the validity of a proposal for a public referendum.
Our solution
- We draft an opinion regarding its formal and substantive validity.
- We assist with the procedures both in public administration and parliament.
- Representation in the Courts.
Your situation
A municipality has to adjust its building zone to the latest federal law.
Our solution
- Analysis of the functional space status.
- Levy of additional value.
- We clarify compensation issues.
Our know-how and wide experience enable us to work out elegant solutions and give carefully considered advice taking into account all the internal and external circumstances. We have summarised some example situations which potentially might arise and to some degree also set out our solutions to assist you.
Your situation
Your authority wishes to outsource certain public duties (e.g. privatisation, public private partnerships).
Our solution
- We evaluate the appropriate legal vehicle.
- We develop the necessary legal basis and contracts.
- We draft a legal opinion on the required measures and steps.
Your situation
Your office, in addition to its administrative duties, also performs commercial services. The question arises as to whether such activity is permissible.
Our solution
- We analyse the legal position.
- We develop where necessary supporting legal documentation.
Your situation
Your authority is faced with employment law issues relating to employees or members of the authority.
Our solution
- We analyse the situation with regard to employment law implications.
- We support and represent you in employment procedures and proceedings.
Your situation
Questions arise as to personnel management in connection with the execution of certain public obligations.
Our solution
- We provide support in evaluation procedures.
- We draft personnel regulations and contracts.
extending from internal conflict management, handling disputes between government bodies, to defending claims of state liability or supervisory complaints. Below you will find examples of public institutions involved in dispute situations, followed by the principles we apply to find solutions.
Your situation
Disputes have arisen arising out of a cooperation agreement between your municipality and other public bodies.
Our solution
- We analyse the mutual claims.
- We seek to find an amicable solution.
- We represent you in proceedings.
Your situation
The work of your office or individual officers has been severely criticized in public, and deficits denounced; or your authority has been criticised for not having carried out a project properly or for massively exceeding costs budgets.
Our solution
- We analyse the internal situation within the authority and relevant financial questions.
- We recommend immediate measures.
- We adapt regulations and contracts.
- We carry out or support you in an investigation.
- We prepare a legal opinion on internal procedures, where required with recommendations for improvement.
Your situation
Your authority or state entity has to defend or make claims in administrative proceedings.
Our solution
- We support and represent you in proceedings.
- We advise in public procedural law.
Your situation
Your authority is confronted by a supervisory complaint.
Our solution
- We provide legal advice and support.
- We draft consultations.
Your situation
Your authority is faced with claims arising out of State liability or wishes to make such claims.
Our solution
- We prepare a legal opinion on the liability claims.
- We support and represent you in proceedings.
Your situation
Your municipality complains that a cantonal decision or normative act affects your local autonomy.
Our solution
- We examine the question whether your municipality has such autonomy.
- We analyse and legally evaluate the claim that local autonomy has been infringed.
- We represent you in court.
Your situation
A police officer is accused of having used confidential internal information in return for favours.
Our solution
- We analyse criminal law aspects relating to persons in public positions.
- We support and represent you in administrative and criminal proceedings and questions.