Lawyer Question

Visas, Permits, Passports and Naturalization
1
Hello

I apologize for making a new post as I’m not sure if it should be under the same thread.

However this time I have a question about how lawyers work. I just had my first consultation for 300CHF/HR plus tax. The consultation was just me asking questions about my situation in regards to separation and permit renewal for a non EU citizen. He didn’t review any of my documents but just took notes about what I said about my situation. I wanted to work on answering and filling out the separation questionnaire I got from the migration office. He said that would take him a few hours but before he could do that, I needed to pay an advance of costs of 4000 francs. He will not work or talk to me until that is paid. The cost is like a down payment for any services that he will render. So every email, court appearances, or just speaking to me in general. Is this normal procedure? I’m a bit hesitant as I already sent him a draft and won’t need him to actually write anything, but just to review and translate it to German

2
Yes. It's normal.

3
To expand upon the above answer, it's normal and it's called a retainer (at least in English, in the USA).

A retainer is a fee you pay up front to secure the services of the attorney. They don't want to do hours of work without ever getting paid. They deduct expenses from what you pay as they go along. They're required to keep detailed records.

Plan ahead, and remember that just about everything you ask for is going to come with a cost. Every email. Every phone call. Those minutes will add up in a hurry if you're not efficient with your communications. Before you call or write a message, think about it carefully. Manage your expectations.

The rate you quoted (300 CHF/hr) is equal to 5 CHF/minute (plus tax). If the attorney spends even 5 minutes to answer each of your requests, that's 25 CHF of your retainer used.

You say " I already sent him a draft and won’t need him to actually write anything, but just to review and translate it to German." To you, review and translation sounds like it won't take much time. You think you're doing the attorney a favor. To the attorney, such a request might take more time than asking him to write something himself.

I had a consultation with a notaire/attorney several months ago, and was given a price list up front. If you haven't asked for one, do so. Read it carefully. Understand how your 4K is going to be spent with each of your requests.

Good luck.

4
Thank you for the detailed answer!

I will ask for a price break down before paying the retainer. Hopefully they won’t charge me for asking

5
This is lawyer number two now???

Look the reality is that you might not be in a position to pay him later, so yes in such cases they will require a retainer because no other cash will pass through his hands.

6

Read this , it’s as clear as it gets. You’re throwing money out the window.

Deepl produces excellent translations, far better than Google.

The matrimonial union has ended with your ex’s moving out, by which time the marriage has lasted clearly less than three years (possibly a reason for his timing). This 3yr requirement is absolute and can not be reduced.

7

Tips on how to keep lawyers’ fees down.
https://www.englishforum.ch/2968341-post19.html

8
Yes it would be lawyer number two and the last lawyer as the will to stay in the country is not the greatest. I just want to work things out with my husband, but if he doesn’t want to, what can I do.

I’m unsure if this lawyer is aware of the three years rule. He said because I have a job that pays decently and that I didn’t receive social benefits, it should be a problem for me to stay, but it would be a long fight as my chances are not high, but it’s not impossible. I could possibly also receive a permit under a “hardship clause.”

9
Thank you. I’ve read this before, but for some reason this lawyer seems to be more on the positive end. Maybe it’s because he seems quite new, or because he just wants my money, or there’s some loophole with this. Not sure

10
Thank you!

11
Document every aspect of YOUR (and separately your spouse's) working life and income during your stay in Switzerland. Make columns to reflect when you were working (every single job) and how much you earned. Also demonstrate that you have properly paid tax, social security contributions, and pension plan contributions.

Tax

Your husband's permit status will have determined whether or not source tax was deducted from your wages/salary. If he is Swiss, or holds a C-Permit, your employers would/should not have deducted tax from your income. If he has a lesser permit such as B or L, your earnings would habe been taxed at source (pay as you go). If you do not have a copy of your joint tax return for every year in which you've lived here, you could ask at the tax office for a copy. There, you should see your income and that of your husband reflected separately.

Social Security (also known as "First Pillar" (erste Säule)

This is managed by an office called SVA (in the German-speaking cantons). You can ask them for a statement of your contributions. I believe they can also give a statement of your husband's contributions. I am not sure you're entitled to his information, but I think yes. This is because, when a couple divorces, their Social Security is re-calculated.

Pension Scheme (also known as "Second Pillar" (zweite Säule)

This is a private scheme that is compulsory for employers who earn beyond a certain low level. You and your husband should each have a penion plan with your respective employers. These contributions, too, are split upon divorce. This is mandated by law. Each spouse is apportioned half of the other spouse's accumulated pot. You could write to both pension plans and state that the marriage might be dissolved through divorce, and ask for a current statement.

Third Pillar

These are your and your spouse's private savings and investments. They are divided into 3a (blocked until retirement age) and 3b (freely disposable). As far as you have signatory power over these accounts and investments, obtain statements of all of these, too.

The reason I recommend your doing this is not only to save on lawyers' fees (no reason to get a lawyer to write these letters when you can do that yourself), nor only to help you get the legally prescribed division, but also to enable you to demonstrate that your stay in Switzerland has been conducted properly such that there are no disadvantages to Switzerland.

12
Thank you so much!

13
It is absolute - which means you need to use other grounds to stay, if you want to. If you are well integrated and won't be a burden on the state, then you have a case to stay. I know - one of our friends managed it. This was in BL which isn't known for foreigner friendliness.

14
I am in the process of gathering all these documents but I’m wondering if:

1. Tax- we have lived in 2 different cantons. Will I need to go to the tax office of Zurich and they’ll have all the records? Or will I need to gk to both separately?

2. He has a third pillar but I do not. Would I still be entitled to access that information?

15
Was your friend also married to a Swiss and didn’t meet the three year marriage/living together condition? Also do you know why their process was like?

Did they receive a letter from migration asking why they no longer live together? Did she need to appeal the b permit extension rejection? Are they from a first or third world country?

Do you know what documents they submitted to prove integration/won’t be a burden to the state?

They have only asked for work contract, proof that I don’t have any debt, no social benefits, and German language.

I apologize for all the questions, but trying to gather everything I possibly can

16
Yes, both tax offices separately.

I'm sorry, I don't know the answer to this. Can someone else please advise?