Facts
The appellant, lawyer [X.] , represented the deceased [A.] in various civil and criminal proceedings as well as in a proceeding regarding coercive measures for the protection of adults. The Bar Commission of the Canton of Aargau initiated supervisory proceedings against [X.] and issued a warning to him due to a violation of professional rules in connection with the billing for the proceeding regarding coercive measures for the protection of adults. [X.] requested the Federal Court to overturn the judgment of the Administrative Court of the Canton of Aargau and to refrain from disciplinary action.
The Bar Commission requested, waiving the right to comment, the dismissal of the appeal. The Administrative Court ruled to dismiss the appeal, insofar as it was admissible. The Federal Office of Justice had waived the submission of a comment.
Considerations
The Federal Court examined whether a violation of professional rules within the meaning of the Lawyers Act existed. The lower court accused the appellant of demanding an additional fee for the proceeding regarding coercive measures for the protection of adults in addition to the officially determined compensation. The Federal Court found that the appellant was entitled to reimbursement of his legal expenses within the framework of free representation and that a careless exercise of the profession can only lead to disciplinary action if it objectively reaches a level of severity that an additional sanction is in the overriding public interest and appears proportionate.
The Federal Court concluded that the behavior attributed to the appellant cannot be considered a serious violation of…