Category: Liability

Electronic appeal in Switzerland – attorneys remain liable

In a recent decision (6B_691/2012 of February 21th, 2013), the Swiss Supreme Court confirmed that Swiss attorneys remain liable for the submission of electronic appeals. In this case, the attorney who has not verified that the appeal was properly received by the authority or the Court is liable. On the contrary, as technical service providers cannot guarantee a 100% available service, the submission of an electronic appeal is considered as a risk that shall be borne by the attorney if the provider gets down and cannot deliver the data to the court.… Plus...