Facts
The case concerns the liability of a legal aid lawyer towards his clients for failing to file a paternity suit within the time limit. The plaintiff, Miss P., had given birth to a son on November 15, 1956 and named the unmarried G. as the father. On January 23, 1957, a conciliation attempt was made, during which G. denied sexual intercourse. Subsequently, the plaintiffs were granted legal aid and the defendant, Dr. X, was appointed as their legal aid lawyer.
Dr. X filed the paternity suit only on November 28/29, 1957, i.e. after the expiration of the six-month time limit under Art. 308 of the Swiss Civil Code (ZGB). The District Court therefore declared the suit as filed too late. The plaintiffs initially withdrew the appeal after their legal aid was revoked.
Later, the mother and child filed a claim against Dr. X for damages, as he was responsible for the delay in filing the paternity suit. The Cantonal Court of Appeal of Bern upheld the claim and ordered Dr. X to pay damages.
Considerations
The Federal Supreme Court confirmed the judgment of the Cantonal Court of Appeal. It stated that as a legal aid lawyer, Dr. X was obliged to perform the assigned task with due care under Art. 398 of the Swiss Code of Obligations (OR). By failing to file the suit in a timely manner or at least requesting a new conciliation attempt, he had grossly negligently breached his duty of care.
The Federal Supreme Court considered it…