Facts
The case concerns an attorney, Dr. C., who requested to be released from attorney-client privilege to recover unpaid fees of 2'497.80 Swiss francs for consulting services provided to Dr. A. by the late Dr. D. The president of the bar association's supervisory commission in the canton of Zurich granted the request, but Dr. A. contested this decision before the cantonal court, which dismissed the appeal. Dr. A. then took the case to the Federal Court.
The parties involved are Dr. A., Dr. C. as the liquidator of Dr. D.'s estate, and the bar association's supervisory commission in the canton of Zurich. The procedure began in November 2014 and ended with a judgment by the Federal Court on May 9, 2016.
Considerations
The Federal Court examined the conditions under which an attorney may be released from attorney-client privilege to recover unpaid fees. It considered that the criteria for releasing an attorney from attorney-client privilege are exclusively determined by federal law, in particular by Article 321 of the Swiss Criminal Code (SCC) and Article 13 of the Federal Law on Lawyers (FMLA).
The Federal Court emphasized that the violation of attorney-client privilege is sanctioned both criminally (Art. 321 SCC) and disciplinarily (Art. 17 of the Federal Law on Lawyers). It also recalled that the justifying reasons for releasing an attorney from attorney-client privilege must be examined in light of criminal law and lawyers' law.
The Federal Court concluded that, to release an attorney from attorney-client privilege, the conditions of a justifying reason within the meaning of criminal law must be met.…