The higher court sentenced the former lawyer to fines totaling 2,600 francs and court fees of more than 6,000 francs.
Two judgments by the district courts in Bülach and Winterthur were confirmed. The lawyer was found guilty of violating the lawyer’s monopoly and violating the Lawyers’ Act, as the judgments show.
Bar license lost in 2004
The lawyer advertised his services as a “legal advisor” on a website. There was also a notice that he had obtained his license to practice law in the canton of Zurich in the 1990s. However, it is not mentioned that this was withdrawn from him in 2004.
Why exactly is not clear from the decisions. Since he had multiple criminal records and had certificates of loss, however, he did not meet the personal requirements for practicing the profession of lawyer, it is said in one of the two judgments.
He is still allowed to offer legal advice outside the legally protected legal monopoly. However, the demarcation between permitted and prohibited activities became his undoing. For example, he is said to have represented a woman in marriage protection proceedings.
In the opinion of the court, he was not allowed to. He is also said to have acted as a representative in civil proceedings before various district courts and in criminal proceedings.
“Certainly not acted selfishly”
The convicted person argued in vain that all of these activities were legal, partly because they were at least partially free of charge. However, the man was only right in one single case, as this was already time barred.
Morally, however, the legal advisor was able to win a small victory: he had “certainly not acted selfishly”, but wanted to help the people, the higher court attested. Nevertheless, his approach was not legal.
Both decisions are not final. The lawyer took them to the federal court.