Facts
The appellant, lawyer [A.] , had become active as an employee of the fiduciary company [X.] for a client [Z.] Asset Management AG. The Bar Association of the Canton of St. Gallen convicted him of a violation of the principle of independence under Art. 21 of the cantonal Lawyers Act (AnwG) and imposed a monetary penalty and procedural costs. The Cantonal Court of St. Gallen confirmed the violation of independence, but refrained from further disciplinary measures. [A.] filed a constitutional appeal against this decision with the Federal Court.Considerations
The Federal Court dismissed the appeal. It stated that the principle of the lawyer's independence is of paramount importance and is recognized worldwide. In Switzerland, the design in the individual cantons is different. The Federal Court had dealt with issues of independence in previous decisions and had assessed the permissibility of the activities of lawyers employed by trade unions or insurance companies. The majority of the doctrine rejects the activity of employed lawyers in the lawyers' monopoly, as the required independence is endangered. The new Federal Act on the Freedom of Movement of Lawyers also provides for a general exclusion of employed lawyers from party representation in court, with exceptions for lawyers employed by non-profit organizations. The Federal Court considered the regulation of Art. 21 AnwG…