Kernrechtsfrage
Whether the refusal of free legal aid violated Article 29(3) BV because the damages action against the former lawyer was not hopeless.
Extrahierter Entscheid
No. The Federal Supreme Court held that the cantonal court could reasonably regard the asserted breaches of duty as hopeless and the complainant as not indigent.
Extrahierte Begründung
The alleged failure to warn about litigation costs, to inform about free legal aid, and to present alternatives was not shown to be arbitrary. The court also accepted that the complainant's procedural experience and payment history undermined indigence. As to the alleged jurisdictional error, the claim failed in any event for lack of causation, so there was no protectable interest in examining a duty breach.