Federal court: No lawyer advertising in the ice stadium

In the 2012/2013 season, the self-employed lawyer drew attention to himself at EHC Biel home games in the following way: The stadium announcer announced the player penalties each time with the announcement: "Strafe - Pénalité presented by". This was followed by an advertising flash on the several-square-meter scoreboard with the slogan "aues was rächt isch... - tout ce qui est droit...", accompanied by the name, address and other details of the lawyer's office. The viewers were treated to the eight-second advertising flash a good seven to eight times per game.

In March 2013, the Bar Supervisory Authority of the Canton of Bern opened disciplinary proceedings against the lawyer and came to the conclusion: the advertising violated the limits of lawyer advertising set out in the Lawyers Act. Both the Bernese Administrative Court (Werbewoche.ch reported), as well as the Federal Court support this decision. For, all that is right, a lawyer's advertisement at a sports event in the present form must be considered lurid from the outset and therefore cannot be permissible. This is the ruling of the Federal Supreme Court. Restriction justified Lawyers' advertising must, according to the law, be objective and meet the public's need for information. This is because "an excessive, abusive or inexpedient demand for the lawyer's services is to be prevented".

The lawyer argued that he was being restricted in his economic freedom. With such an interpretation of the advertising permissibility for lawyers, he would have no other options apart from the use of his letterhead and the signage on his doorbell. The Federal Supreme Court sees things differently. Between the "very effective advertising" in the hockey station and the doorbell, "there are still numerous possibilities of permissible lawyer advertising." The restriction is justified because the reputation of the legal profession must be protected. (Judgment 2C_259/2014 of 10.11.2014/SDA)

Image: Keystone