Facts
The Zurich lawyer Dr. X. had been an advisor and representative of Mrs. [Y.] in her disputes with her husband since July 1969. After Dr. X. had issued Mrs. [Y.] a high fee invoice, she disputed the appropriateness of the claim and changed her lawyer. Thereupon, Dr. X. requested the Supervisory Commission for Lawyers in the Canton of Zurich (AK) to release him from the lawyer's confidentiality in order to be able to sue for his fee. In his submission to the AK, he made statements about the character and behavior of Mrs. [Y.] towards him.
The AK authorized Dr. X. to disclose his professional secrecy to the competent courts to the extent necessary to justify his fee claim. However, a special procedure was to examine whether Dr. X. had violated his professional secrecy by sending his submission to third parties.
By decision of September 1, 1971, the AK imposed a fine of 400 francs on Dr. X., as he had revealed matters that fell within the personal and confidential sphere of his client and would otherwise not have become known to the recipients by sending copies of his submission to third parties.
Considerations
The Federal Court concluded that the disciplinary punishment of Dr. X. by the AK did not violate the derogatory force of federal law. The cantonal disciplinary law of lawyers is independent of federal criminal law and can impose disciplinary sanctions for the violation of professional secrecy in addition to the criminal prosecution under Art. 321 of the Swiss Criminal Code.
The Federal Court also saw no violation of the principle of legal equality,…