Facts
A., a lawyer practicing in X., represented the interests of his client B. in a dispute concerning the sale of shares inherited by B. and his sisters. During a meeting on April 14, 2016 attended by B., his sisters and their lawyers, B. recorded the discussion without the knowledge of the other persons present. A. subsequently produced this recording before the Civil Court of Geneva to support B.'s request to prohibit his sisters from selling the shares.
The Civil Court excluded the recording from the file, considering that it was unlawfully obtained evidence. The Bar Association Commission of the Canton of Geneva then issued a warning against A. for having violated his obligation to practice his profession with care and diligence (Art. 12 let. a LLCA) by producing this recording.
A. appealed this decision to the Federal Tribunal.
Considerations
The Federal Tribunal ruled that the recording made by B. did not contain transactional and confidential discussions protected by Art. 12 let. a LLCA and Arts. 6 and 26 of the Swiss Code of Professional Conduct. Indeed, the statements made during the meeting on April 14, 2016 had not been the subject of an explicit confidentiality agreement between the parties.
However, the Federal Tribunal considered that A. violated Art. 12 let. a LLCA by producing in court a means of proof that he…