Facts
Appellant 1, an attorney-at-law, is a defendant in a lawyer's liability lawsuit. She is represented by appellant 2, also an attorney-at-law. Respondent [C.] had represented appellant 1 in a divorce proceeding. Respondent claims that appellant 1 waived her right to appeal against her will in the appeal proceedings.
The District Court of Zurich decided that appellant 2 was to be removed from the case due to a conflict of interest. The appellants filed an appeal with the High Court of the Canton of Zurich, which dismissed the appeals.
The appellants filed an appeal in civil matters with the Federal Court and requested the annulment of the decision and judgment of the High Court.
Considerations
The Federal Court examines the admissibility of the appeal and finds that the appeal in civil matters is the admissible remedy. The appellants have sufficiently substantiated their appeal and the lower court wrongly did not consider the appeal.
The Federal Court addresses the complaint of the violation of Art. 30 para. 1 Cst. and finds that the lower court wrongly dismissed this complaint. Appellant 1 has sufficiently demonstrated that the replacement…