Disciplinary Action Against Non-Registered Legal Professional Under New Freedom of Establishment Act

In a disciplinary proceeding concerning statements made by a non-registered legal professional in a submission dated before the enactment of the new Federal Act on the Freedom of Establishment for Lawyers (BGFA) and the revised Cantonal Lawyers Act, the supervisory authority determined that since the disciplinary proceeding was initiated after the new laws took effect, the new law applied, and consequently, Articles 12 to 20 BGFA applied analogously. The court reasoned that Article 12 lit. a BGFA, establishing the duty to exercise the profession diligently and conscientiously, is a general clause that must be interpreted in light of cantonal, national, and international professional standards, including the ethical rules adopted by the Swiss Bar Association, which mandates correct conduct throughout all professional activities, including interactions with authorities and opposing counsel, not just with clients.