Facts
Lawyer X. is registered in the register of lawyers of the Canton of Zurich. Since his Zurich law firm plans to open a branch office in Zug, X. applied on June 22, 2004 for additional registration in the register of lawyers of the Canton of Zug as well as authorization for public notarization. The President of the Supervisory Commission on Lawyers of Zug rejected the application on July 12, 2004, as public notarization is reserved for lawyers registered in the cantonal register of lawyers. X. does not meet the requirements for registration in the Canton of Zug, as he is already registered in the Canton of Zurich and will continue to be predominantly active there.
X. appealed the rejection decision of the Supervisory Commission to the High Court of the Canton of Zug, which dismissed the appeal on February 8, 2005. Thereupon, X. filed an administrative law appeal and a constitutional appeal with the Federal Supreme Court on March 14, 2005.
Considerations
The Federal Supreme Court dismissed both legal remedies, insofar as they were admissible.
The Federal Supreme Court concluded that the Federal Act on the Free Movement of Lawyers (BGFA) provides for a single registration in a cantonal register of lawyers. Simultaneous registration in multiple cantons is not permitted. The appellant, who is already registered in the Canton of Zurich,…