Facts
The Federal Supreme Court assesses the question of whether lawyers employed at a law firm organized as a corporation can be registered in the cantonal register of lawyers. This simultaneously decides whether the corporate form is permissible under federal law for law firms that wish to operate in the monopoly sector.
The lower instance had rejected the registration of the appellants in the register of lawyers, as it considered the corporation as a legal form for law firms to be incompatible with the institutional independence pursuant to Art. 8 para. 1 lit. d of the Federal Act on the Freedom of Movement for Lawyers (BGFA).
The appellants criticize the lower instance's interpretation of Art. 8 para. 1 lit. d BGFA and argue that a prohibition of law firm corporations is incompatible with economic freedom (Art. 27 BV).
Considerations
The Federal Supreme Court first outlines the general scope of Art. 8 BGFA and its previous interpretation in case law. Subsequently, the cantonal practice regarding the admission of law firm corporations, the factual circumstances, the doctrinal opinions, the legal situation in neighboring countries, and the current legislative efforts are taken into account.
The Federal Supreme Court concludes that Art. 8 para. 1 lit. d BGFA does not categorically exclude law firm corporations. Rather, they are permissible insofar as the independence of the employed lawyers is ensured in the same way as with…