Facts
X. is the holder of the Aargau patent for pleaders and is employed by Bank Y. AG, where he works in the legal department. He filed an application with the Supervisory Commission for Lawyers in the Canton of Zurich for registration in the cantonal register of lawyers. The Supervisory Commission registered him in the register by decision of 20 August 2002. The Zurich Bar Association filed an appeal against this decision, which was dismissed by the Administrative Commission of the High Court of the Canton of Zurich. The Zurich Bar Association then filed an administrative court appeal to the Federal Supreme Court.Considerations
The Federal Supreme Court upholds the administrative court appeal and sets aside the contested decision. It states that the appellant, as an employed lawyer whose employer is not registered in the register of lawyers, does not meet the requirements for registration in the cantonal register of lawyers. The law provides for a rebuttable presumption of lack of independence for lawyers who are in an employment relationship. However, the appellant has not provided sufficient information about his employment relationship and has not rebutted the presumption of lack of…