The case

NZZ reports today that after two lawyers were sanctioned in the USA, the Swiss government has “taken note” of the measures taken against the two lawyers, adding that “It could not comment on individual cases”. Despite of this, a statement was issued in which the administration emphasised that the two lawyers had not been sanctioned either in the EU or in Switzerland. In principle, US sanctions have no direct legal effect in Switzerland (Source NZZ).

In a case independent of the aforementioned case, a judgement on the removal from the register of attorneys and the continuation of disciplinary proceedings was recently published. In essence, the removal of an attorney from the register of attorneys does not prevent the initiation or continuation of disciplinary proceedings.

Source:  ius.focus / David Jenny – OGer BE AA 23 283 of 13 August 2024 (not legally binding yet) – Art.12lir. a, Art. 17 para. 7, 2it. d and ArL 18 para. 2 BGFA (German)

The commentary

Attorney A was found guilty of multiple offences of forgery and false certification. Following the referral of the corresponding criminal judgement to the attorney supervisory authority of the Canton of Berne, disciplinary proceedings were initiated.

Attorney A lodged an appeal as he did not want to be struck off the list of attorneys of the Canton of Berne nor did he want the other cantons to be informed of his disbarment.

While the authorities of the other cantons are not notified of the removal from the list of lawyers, a ban on practising as a lawyer is forwarded to all authorities nationwide. For the Bernese attorney supervisory authority, the right to inspect the register in accordance with Art. 10 BGFA does not appear to be sufficient to prevent attorney activity for the duration of a deletion from the register. For A however, a fine would probably have been more drastic than the rather symbolic ban on practising law in the canton of Berne.

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