Questione giuridica chiave
Whether violation of Ziffer 33 of the Lucerne bar rules could be sanctioned disciplinarily by the supervisory authority.
Decisione estratta
No. The bar rules were not legally binding on the disciplinary authority; only rules that concretize the statutory concept of professional duty as generally binding public law can be enforced.
Motivazione estratta
The decision states that professional duties under § 12 Abs. 1 AnwG are not defined by the law itself nor by reference to the Lucerne bar rules. Those rules generally go beyond what is required in the public interest and serve primarily the association's specific interests. Ziffer 33 applies only to association members under private law and does not qualify as generally binding professional law.