Question juridique clé
Whether a formal disciplinary proceeding against a reported lawyer should be opened based on the complaint.
Solution extraite
A disciplinary proceeding must be opened only if there are concrete indications and a substantiated suspicion that the lawyer violated professional or ethical duties; a merely conceivable breach is insufficient.
Motifs extraits
The supervisory authority acts on complaints, reports, or its own findings and may initiate disciplinary action for breaches of professional duties. However, opening proceedings requires a grounded suspicion based on concrete indications. Because disciplinary law follows the principle of expediency, the authority may refrain from proceedings if, considering all circumstances and the lawyer’s prior conduct, no disciplinary measure would be warranted anyway.