Facts
The appellant [A.] mandated lawyer [B.] in September 2011 to safeguard his interests. In December 2014, [B.] issued an on-account invoice for CHF 12,312.-- which was paid the same year. On 10 February 2016, a detailed invoice for CHF 17,152.25 followed, with a remaining balance of CHF 4,840.25 after deducting the on-account payment. As [A.] did not pay this balance, [B.] requested the Supervisory Commission for Lawyers of the Canton of Graubünden to release him from the attorney-client privilege in order to be able to collect the fees. The Supervisory Commission released [B.] from the attorney-client privilege, which [A.] unsuccessfully challenged before the Administrative Court of the Canton of Graubünden. Thereupon, [A.] appealed to the Federal Supreme Court in public law matters.
Considerations
The Federal Supreme Court notes that lawyers are subject to professional secrecy regarding everything entrusted to them by their clients for an unlimited period and vis-à-vis anyone. In order to be able to assert a fee claim in court, the lawyer must therefore be released from the attorney-client privilege in advance. The release has no material legal effects, but merely enables the lawyer to file the claim without violating professional secrecy.
In the balancing of interests regarding the question of release from the attorney-client privilege, the private interest of the lawyer in collecting the fees clearly prevails. On the one hand,…