A Brazilian-Portuguese lawyer was sanctioned in Geneva because he did not have sufficient command of French during hearings (illustrative image).
Photo: KEYSTONE/MARTIAL TREZZINI
A Brazilian-Portuguese lawyer, who had received a warning from the Geneva Bar Commission because he did not have sufficient command of the French language during hearings, won a round at the Federal Court. The sanction was canceled for a formal defect.
This lawyer was denounced in 2021 by the president of the Criminal Court. Then a court-appointed defender, he participated in hearings. But according to the magistrates present, the lawyer did not understand the meaning of the questions asked of him and the judges did not understand certain words he said.
The Bar Commission issued a warning against him in 2023 for breaching his duty of care. The lawyer appealed against this decision to the Administrative Chamber of the Court of Justice and was dismissed. The alleged breaches were significant enough to justify a disciplinary sanction, the Geneva judges then estimated.
The Brazilian-Portuguese lawyer then took the matter to the Federal Court. He criticized the Bar Commission in particular for not having informed the Portuguese supervisory authority about the disciplinary procedure to which he was subject. However, the federal law on the free movement of lawyers (LLCA) expressly provides for this.
The contested decision is therefore flawed, notes the Federal Court. This is not a serious defect, but the Bar Commission did violate a provision of the LLCA, which has the consequence of annulling its decision. This body will have to rule once again on this case. (judgment 2C_144/2024 of November 6, 2024)
/ATS
Belgium
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