Violation of Professional Rules

Facts

The appellant, Attorney Dr. [A.] , holds the bar license of the Canton of Zurich and is registered in the cantonal register of lawyers. On August 26, 2016, [C.E.] and [C.F.] , the daughters of the deceased [C.C.] , filed a complaint against Attorney Dr. [A.] with the Supervisory Commission for Lawyers for breach of professional duties. The Supervisory Commission then initiated disciplinary proceedings and imposed a fine of CHF 1,500 on Attorney Dr. [A.] by decision of July 6, 2017 for violation of the professional rules within the meaning of Art. 12 lit. c of the Federal Act on the Freedom of Movement for Lawyers (FMLA).

Considerations

The Administrative Court of the Canton of Zurich dismissed the appeal of Attorney Dr. [A.] against the decision of the Supervisory Commission. It concluded that his conduct did not violate Art. 12 lit. c FMLA (conflict of interest), but constituted a breach of the duty to practice the profession with care and diligence in accordance with Art. 12 lit. a FMLA. The Federal Supreme Court confirms the judgment of the Administrative Court. Attorney Dr. [A.] was acting as an assistant to the executor [B.] and also represented him in a criminal proceeding initiated by one of the heirs. Although there was no formal client relationship between Attorney Dr. [A.] and the heirs, as an assistant to the executor, he had to…