Introduction:

Bratschi Ltd is one of Switzerland’s leading and rapidly growing law firms. As a full-service law firm Bratschi is offering clients a broad range of first-class legal and counseling services. Geographically it covers the whole of Switzerland with the exception of the Italian-speaking region and counts a full range of legal and specialist areas as well as regional networks of relationships among its extraordinary strengths.

Regulatory density and the speed of regulation are steadily increasing due to new or amended laws, ordinances, and guidelines. With a dedicated team of experienced and knowledgeable attorneys, Bratschi is also one of the leading law firms in Switzerland when it comes to public law. We are therefore pleased to present our team specializing in public law at Bratschi and to bring you closer to our daily work.

The definition of public law:

Public law in Switzerland comprises the legal norms and rules governing the relationships between the state and citizens as well as among different state institutions. It encompasses various areas such as constitutional law, administrative law and procedural law. Public law is thus the counterpart of private law, which primarily regulates legal relationships between private individuals and companies. In Switzerland, public law is governed by numerous federal laws, as well as cantonal and communal laws and regulations.

The team’s mission

The public law team closely follows developments in state and administrative law, particularly in business administration law, to engage with its clients on any challenges in these areas and provide them with the highest level of expertise. The team members also represent them before administrative bodies and courts. The clients include private individuals, public and private companies, as well as public authorities such as municipalities, cantons, and the federal government.

The members of the public law team accompany and represent their clients in matters of public law before administrative authorities and courts at all levels of government, including municipalities, cantons, and the Confederation. They offer advice and support to their clients in managing legal risks and avoiding legal disputes. The team also accompanies clients through difficult negotiations, whether on behalf of individuals, companies, or communities, in order to achieve the best results for them. Their services extend to reorganizing or outsourcing a branch of administration, creating and implementing new legal frameworks, and drafting and negotiating service agreements and other administrative agreements. With their in-depth knowledge of proceedings and independent position, they also conduct administrative investigations for their clients. Finally, leveraging their specialized scientific background, the team performs peer review work to resolve specific legal issues in state and administrative law.

Our team - Lawyer Profiles

Our team is composed of the following individuals:

Prof. Dr. iur. Isabelle Häner, partner, office Zurich

(https://www.bratschi.ch/de/anwalt/isabelle-haener.html);

Dr. iur. CAS MedLawUZH Livio Bundi, office Zurich (https://www.bratschi.ch/de/anwalt/livio-bundi.html);

Dr. iur. LL.M. Anja Josuran-Binder, office Zurich

(https://www.bratschi.ch/de/anwalt/anja-martina-josuran-binder.html);

Dr. iur. Florian Brunner, office Zurich

(https://www.bratschi.ch/anwalt/florian-brunner.html);

Ulrich Keusen, certified Specialist SBA Real Estate and Construction Law, partner, office Berne (https://www.bratschi.ch/de/anwalt/ulrich-keusen.html);

Kathrin Lanz Kneissler, LL.M., office Berne

(https://www.bratschi.ch/de/anwalt/kathrin-lanz-kneissler.html);

Jörg Bereuter, certified Specialist Lawyer SBA in Construction and Real Estate Law, partner, office St. Gallen

(https://www.bratschi.ch/de/anwalt/juerg-bereuter.html);

Dr. iur. Andreas Brenner, office St. Gallen

(https://www.bratschi.ch/de/anwalt/andreas-brenner.html);

Interview with two team members

Prof. Dr. iur. Isabelle Häner, partner, with Bratschi AG since 2000

As an attorney-at-law, Isabelle Häner advises and litigates on behalf of public and private sector entities as well as private individuals in administrative law matters. She has a broad range of expertise, in particular in the areas of public procedural law, the principle of publicity, mixed-economy task fulfilment, including public procurement law, state and municipal law, construction, planning and environmental law, infrastructure law and energy law. She accompanies and represents clients in administrative proceedings as well as before the cantonal administrative courts, the Federal Administrative Court and the Federal Supreme Court. With her scientific background, she also drafts well-founded legal opinions.

1) Isabelle, what are some typical highlights of your daily work?

A typical highlight is guiding my clients through legal proceedings or negotiations and working with them to assert their position. Especially when this succeeds in complex and difficult situations, it brings me satisfaction and joy.

2) You introduced and built the public law department at Bratschi AG, a typical business law firm, over 20 years ago. What are you particularly proud of?

I am particularly proud that I have succeeded in making Bratschi one of the leading law firms in Switzerland in the field of public law. I am proud that today I can rely on a highly qualified team that is highly motivated to work on public law cases.

3) What can clients expect from Bratschi’s public law team?

Clients can expect highest quality with good value for money, rapid responses, and flexibility tailored to the needs of the clients.

4) How do you stay up-to-date with legal changes and developments in your area of specialization?

The entire team of Zurich, including myself, is actively engaged in academic research, which means that we constantly have to engage with the latest practices. Additionally, we hold monthly internal know-how meetings to review the latest practices and literature in our areas of expertise.

5) How do you differentiate yourself from other lawyers and what makes you an outstanding choice for potential clients?

The outstanding knowledge of public law, which is distributed among all team members, is what I consider to be our important unique selling point. With this solid foundation in public law and our high level of commitment, we can quickly and competently respond even in complex cases, with very short deadlines and appointments.

Dr. iur. CAS MedLaw Livio Bundi, Senior Associate, with Bratschi since 2015

Livio Bundi deals with a wide range of issues relating to constitutional and administrative law. He mainly advises and represents clients in the areas of health law, personnel law, public procurement law, social security law, migration law and education law as well as procedural law. He also has broad experience in the area of state organization and public finance law.

In addition to his advisory and litigation work, Livio Bundi writes expert opinions in his areas of expertise. He publishes regularly and also lectures on these special areas.

1) Livio, why did you specialize in public law?

I decided to specialize in public law during my studies. The question of what form of government we want and to what extent the state should intervene in our lives is highly relevant and interesting for our daily private and business life. The increasing amount of state regulation has always concerned me and at the same time has made me aware that there is a great need for advice and protection against state intervention. However, government authorities also depend on advice, as private individuals are becoming more aware of their individual rights.

2) What challenges do you observe specifically in the areas of law in which you work?

As a lawyer, it is my job to always have an overview of the existing and, in particular, new regulations. In addition to the constantly evolving legal provisions and court rulings, which more or less extend across all areas of law, it is noticeable that there has been excessive regulation in the healthcare sector, which, however, does not focus enough on quality, especially not on the benefit regarding the patient. In the future, it will be urgently necessary to establish a competition based on quality in this sector.

3) How do you approach effectively communicating with authorities and advocating for your clients' interests when it comes to public health issues, subsidies, social security, immigration, or education issues?

Communication with authorities is an extremely important precondition in order to effectively advocate for the client's interests. It involves a combination of legal expertise, relationship-building, and strong advocacy skills. At the beginning of each case, it is crucial to understand the client's needs and concerns, and to develop a comprehensive legal strategy that addresses these issues. The requirements for effective communication with authorities differ from area to area of law. In highly regulated areas such as healthcare law, authorities tend to be more difficult to access.

4) What do you see as the main points that differentiate Bratschi from your competitors?

Unlike other firms of comparable size, Bratschi can offer everything from a single source and thus present the client with a complete solution. For example, when a company relocates, questions from various areas of law play a role, which our firm knows how to answer in a well-founded and timely manner.

5) What do you see as the main challenges specifically for public law in the future?

I call attention to - not surprisingly - digitization. This poses new challenges for both the legislator and legal practitioners. New technologies such as artificial intelligence, blockchain, and big data have an impact on many areas of public law, including data protection, healthcare law, education law, public procurement, and state liability issues.