For 1289 work hours at 469 francs, the lawyer from Geneva had already made statements . But that was not enough , for he had 90 million francs fought for for its clients. He did what every carpenter or painter can only dream of: He increased in retrospect his hourly rate to 1400 francs. As if a plumber could triple his fee when the toilet is working again.
But the Federal Court gave to the lawyer its blessing : contingency fees are provided in the Geneva attorney law to justify the five judges for their decision. They did not care that a federal law prohibiting lawyers since 2002 contingency fees . This prohibition applies only when implementation of the fee agreements were taken , said the judge. That is not the case. Regardless of the federal judges was that the attorney had his fee practice not informed in advance , as in question federal law required by also explicitly .
" This ruling led prosecutors to leave their clients over fees in the dark. So that they could , if successful, an salted additional invoice " pull out of his hat, warns legal scholar Daniel Schwab , who has written extensively on the case. His advice : " Consumers should with lawyers the fee agree always writing and contingency fees exclude . "
Well-protected interests
Explosive: The Geneva practice could soon Switzerland's become the norm. The professional ethics of the Swiss Bar Association ( SAV) contains indeed a very similar formulation, such as the Geneva Bar Act.
Is it at least so that a lawyer must refrain from failure on his fee in whole or in substantial parts? No, that not even he , according to law , says the SAV. To notify the client costs and a reasonable profit ever invoice , even in total process defeat . Ride the wave of on success and cashing in failure: lawyers appear to be making more profit.
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