Committee on Ethical Rules

In case of misconduct, the Ethics Court may impose severe sanctions or petition the governmental Supervisory Commission for an indictment.

 The Ethics Court may, for example, examine whether professional secrecy has been breached (Art. 13 BGFA [Federal Act on the Free Movement of Lawyers]), whether there is a conflict of interest (Art. 12 lit. c BGFA) or whether a member has acted diligently and conscientiously (Art. 12 lit. a BGFA). An attorney may be in breach of the requirement to exercise the profession diligently and conscientiously, for example, if instructions from the client are disregarded, if the reachability is not ensured or if witnesses are influenced.

 The Ethics Court cannot review the quality of the attorney’s work. A violation of Art. 12 lit. a BGFA may only occur if there are aggravating circumstances that indicate irresponsible professional conduct.

 The Ethics Court may impose disciplinary sanctions if violations of professional rules and codes of conduct are found. However, the Ethics Court does not have the authority to oblige an attorney to act or refrain from acting.

The regulations on proceedings the Ethics Court apply. The rules of the Code of Civil Procedure apply in addition. The proceedings are subject to a fee.