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PRACTICE AREAS



European Convention on Human Rights (ECHR)
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Marriage-, Concubinage- and Divorce Law; Law of Inheritance
Criminal Law
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Law of Contract
Law of Trade Marks
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Medical Law; Liability Law




European Convention on Human Rights (ECHR)

The European Convention on Human Rights secures an international human rights standard to which Switzerland is obliged to since November 28, 1974.

CONTRAST OF POWER AND RIGHTS
Human rights fulfil a special function to balance the contrast of power and rights. Power is primarily the might of the stronger; rights restrain the power in the interest of the weaker. The European Convention on Human Rights grants in a modern state for fundamental areas of free decision making and respect of private rights for every individual which can not be restricted even by the vast majority of a democracy.



PROTECTION AGAINST GOVERNMENTAL INFRINGEMENTS
In the Law Office Patrick A. Schaerz we lead the every day fight for sufficient personal freedom against governmental infringements. Having the possibility to contest judgements of the Swiss Supreme Court to the European Court of Human Rights in Strassburg, an independent decision outside the Swiss jurisdiction can be obtained.

In order to successfully file an application to the European Court of Human Rights peculiar requirements within the Swiss legal proceedings must be fulfilled. In the Law Office Patrick A. Schaerz therefore all cases from beginning on are continuously examined concerning governmental and judicial measurements for being in compliance with the provisions of the European Convention on Human Rights. If necessary the required legal steps against human rights violations will be untertaken.



APPLICATION OF THE ECHR IN SWITZERLAND
In Switzerland the European Convention on Human Rights is commonly applied in the following mentioned areas:

Right to liberty and security in criminal proceedings
Right to an effective remedy
Right to a public, independent and impartial tribunal
Right to a hearing and judgement within a reasonable time
Right to respect for private, family and professional life
Right to respect for correspondence (in practice of persons in detention)
Right to freedom of thought and freedom of manifestation of one's thought, including the freedom of information
Right to freedom of assembly and association



Criminal Law

The Law Office Patrick A. Schaerz pays great attention to secure procedural und defending rights. Especially in criminal proceedings the "habeas corpus" rights are often being restricted to a extensive degree. Therefore - to the contrary of the exercised governmental power - it is of crucial importance that the attorney exercises his controlling function. The earliest possible presence of a defense attorney can have a decisive impact on the outcome of the proceedings.



RIGHTS OF THE SUSPECT
The Law Office Patrick A. Schaerz therefore points out that arrested persons have the right to:
refuse to give evidence or to make statements only in presence of his or her attorney
freely appoint an attorney at any time
insist on correct and complete records of statements
request release from detention at any time


CRIMINAL DEFENSE EMERGENCY SERVICE (CDES)
Beeing an active member of the Criminal Defense Emergency Service (Telphone-no. +41 - (0)1-201 00 10) we make an important contribution to all persons who have been arrested and consequently are abruptly cut of the outside world. The Criminal Defense Emergency Service is a private association and acts under the patronage of the Zurich Bar Association and the Democratic Jurists of Zurich. It's members are practicing attorneys who regularly take on criminal cases.



CDES PROVIDES ACTIONS AFTER ARREST
The Criminal Defense Emergency Service makes it possible at almost any time to get in contact with a defense attorney. The defense attorney immediately contacts the prosecuting authority and reviews the file - as much as legally possible. Further the defense attorney pays a visit to the arrested person, clarifies whether the order for pretrial custody is permissible, and represents the arrested person in all aspects of the arrest order proceeding.



VICTIMS HELP
Crimes often produce victims who are neglected. The Law Office Patrick A. Schaerz fights for the victims causes and ensures protection- and participation rights in criminal and civil proceedings.

Marriage-, Concubinage- and Divorce Law; Inheritance Law

Marriage and concubinage relationships build an intimate connection between persons and their destiny and therefore are subject to permanent change in a ongoing speedily developing society. Accordingly multilayered legal issues und disputes may arise which need comprehensive legal advice.

In resolving these problems the Law Office Patrick A. Schaerz pays great attention to equal treatment of the partners and creating lasting solutions.


DISSOLUTION OF A MARRIAGE AND DIVORCE
In dissolution and divorce proceedings we particularly attach importance to safeguard the children's rights. Because of the extremely personal nature of matrimonial relationships or concubinage life we try to be easy on the involved parties which is though limited by the client's interest.



INHERITANCE LAW FOR THE LIVING
Each living person will one day be confronted with death. All deceases produce inevitable successions. The Law Office Patrick A. Schaerz provides legal advice arranging successions within the legal provisions. A foresightful and conscientious conduct of the testator, especially in cases of family-owned enterprises, can help avoiding unpleasant disputes amongst heirs and loss of assets.

The Law Office Patrick A. Schaerz arranges also external advice and help to administer euthanasia (living will) and suicide. Additionally we provide legal advice and (procedural) representation to relatives when civil rights of deceased are violated.



CENTRAL ISSUES OF LEGAL ADVICE AND LITIGATION
Matrimonial property and hereditary planning
Marriage and inheritance contracts
Matrimonial protection measurements
Separation- and divorce contracts
Divorces
Last wills / testimonies
Execution of testaments
Asset administration
National and international enforcement of contractual or legal claims


Law of Contract

Laws and regulations increasingly influence private and professional life. Contractual problems therefore occur in all areas of life. The Law Office Patrick A. Schaerz provides legal advice and services in drawing up, examination and national and international enforcement of cantracts in varios law areas. For example:
Rent
Leasing
Purchase
Loan
Labour
Work-Performance
Mandate and Agency
Licensing
Franchising, etc.


Law of Trade Marks

The trade mark as a label of goods and services used to be a domaine of medium sized and big commercial enterprises. Small businesses and private trading firms were shied away by the expenses for advertising and the costs of trademark protection.

In the age of internet also small enterprises have found a low cost access to the worldwide trade. In the abundance of a permanently growing market supply the labelling of the own goods and services fulfills an indispensable distinctive function. The trade mark defines goods and services and at the same time allows or facilitates the right choice for potential customers.

The trade mark stands for
the reputation and the quality
of the offered goods and services.

The Law Office Patrick A. Schaerz provides legal advice in all decision-making processes which start from die idea of a trade mark and ends with it's registration. National, respectively Swiss and International trade mark registrations are carried out by the Law Office Patrick A. Schaerz. Registration of national trademarks outside Switzerland are arranged in cooperation or through specialized communicating lawyers in the respective country.

Inter alia the services of the Law Office Patrick A. Schaerz includes also:
Renewals, prolongation of trademark registrations
Recording assignment, changes and amendments of registered trademark entries
Extensions of trademark protection, etc.





Medical Law and Liability Law

The doctor-patient relationship raises multitudinous and partly complex legal problems. Law and judicial custom regulates this extensive law field insufficient and leaves open many practical questions.

Practical questions are often located in different legal spheres. In order to vividly demonstrate the multitudinous of the problems, some key words are allocated to the subsequent list of law fields.

CIVIL LAW
Doctor-patient contract, doctor's liability for malpractice and duty to provide clarification of nature and gravity of intended treatment or operation, product liability of pharmaceutical industry, transplantation of organs, civil rights protection, insurance contract.

PUBLIC LAW
Admission contract to hospital, liability of the hospital for lacking organisation, data protection, genetic technology, artificial reproduction (procreation), transplantation of organs, autopsy, disciplinary law, insurance.

CRIMINAL LAW
Medical confidentiality, consequences of malpractice, euthanasia (living will), exhumation.

With exemption of the specific insurance law, the Law Office Patrick A. Schaerz provides legal advice and representation in all aforementioned law fields. Main practice area is the doctor's liability for malpractice and omission or insufficient clarification concerning the nature and gravity of the planned treatment or operation.




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