Facts
Mr. [A.] founded company [B. SA], of which he is the sole shareholder and chairman-administrator. The company's purpose is to provide legal services in Switzerland and abroad, provided by lawyers registered in the register of lawyers of a Swiss canton.
The Bar Commission of the Canton of Fribourg found that company [B. SA] was in breach of the independence requirements imposed by federal law on law firms. It ordered the company to supplement its articles of association to guarantee the independence of the legal profession.
Mr. [A.] and company [B. SA] appealed against this decision, which was rejected by the Cantonal Court of the Canton of Fribourg.
Mr. [A.] and company [B. SA] then filed a public law appeal with the Federal Supreme Court against the judgment of the Cantonal Court.
Considerations
The Federal Supreme Court considers that Art. 8 para. 1 let. d LLCA requires that the lawyer be able to practice his profession independently. This structural independence must be guaranteed, whether the lawyer practices individually or within a law firm.
However, the Federal Supreme Court considers that the supervisory authority cannot directly order the law firm and/or its non-lawyer shareholders to make arrangements to ensure the independence of the lawyers. It can only ask the lawyer concerned to regularize his situation by intervening on the organization of his practice.
In the present case, the Federal Supreme Court considers that the…