Key legal question
Whether an employed lawyer working for X. AG satisfies the independence requirement for register entry under Art. 8(1)(d) BGFA.
Extracted holding
No. A lawyer employed under the described arrangement lacks the required independence because the intended mandate work is performed within the employer-controlled setting and includes representation of the employer, its affiliates, employees, or related parties.
Extracted reasoning
Art. 8(1)(d) BGFA is based on the formal employment relationship and creates a rebuttable presumption against independence. That presumption is not rebutted where the lawyer acts under the employer's business address, is paid by the employer, and would represent persons close to the employer or its employees; such influence cannot be excluded by contract.