Règles de procédure | Interdiction de postuler de l’avocat ayant un intérêt ou ayant joué un rôle dans la cause, iusnet DP-PP, 29/10/2025
The Bar is subject to strict professional regulations, especially concerning representation in court, as reaffirmed by the Swiss Supreme Court in its decision 7B_240/2025 of 3 September 2025.
Loris Bertoliatti analyses this decision on the prohibition for a lawyer to act in a case involving a personal interest or prior involvement, and in which the Swiss Supreme Court reiterates the following principles:
- Lawyers must avoid any situation of conflict between their clients’ interests, their own interests, or those of persons with whom they have professional or personal ties.
- Dual representation is prohibited whenever it could lead a lawyer to defend opposing interests.
- In criminal proceedings, the joint defense of co-defendants (or occasionally co-plaintiffs) remains particularly sensitive, since their positions and the outcome of the case are inherently uncertain.
- To preserve independence and objectivity, lawyers cannot accept a mandate in which they are personally involved or where their own interests may be affected
In this specific case, the Swiss Supreme Court confirmed the prohibition on a lawyer representing his own spouse in proceedings in which he had been personally involved and had a direct interest.
Read the full article on iusNet Droit pénal et Procédure pénale
