The Gazette 1976

GAZETTE

J U NE/J U LY

1976

a solicitor acts as a "collaborateur" of an avocat, pro- vided that no terms of any such arrangement shall de- prive an avocat of his independence or otherwise con- travene the law of the Republic of France. (8) An avocat is entitled to maintain an installation in a solicitor's office subject to the provisions of the Solicitors Act 1974 and the Solicitors' Practice Rules, or to maintain an installation in a barrister's chambers in collaboration with a barrister, or on his own account, under and subject to the relevant rules of the Bar of England and Wales. (9) Nationality notwithstanding, a solicitor may qualify as an avocat in accordance with the regulations which apply to the Bar of which he wishes to become a member. (10) An avocat may qualify and be admitted as a solicitor, or he may qualify as a barrister, in accor- dance with the appropriate regulations. (11) Neither in France nor in England and Wales does the law prevent a lawyer from the other jurisdic- tion from practising in any system of law except as regards those activities reserved by law to the French or as the case may be to the English legal profession. ARTICLE 3 Rights and obligations of an Avocat installed in England or Wales (a) Ethics and Discipline (1) The Ordre des Avocats will require any avocat installed or who becomes installed in England or Wales to observe the provisions of this Convention, of the Directive on the provision of services by lawyers and the International Code of Ethics, (Article 2 et seq) or such other general code of ethics as the Paris Ordre des Avocats and The Law Society may from time to time agree, and before registration under Part B of this Article to sign an undertaking to this effect. (2) Anv breach by an avocat in England or Wales of such Code or rules which is established or alleged by The Law Society will be referred to the Ordre des Avocats for such disciplinary action to be taken as the Ordre may consider appropriate. (b) Registration (1) The Law Society and the Bar of England and Wales will jointly maintain a register in which will be entered particulars set out below of every avocat in- salled in England and Wales. (2) The Ordre will require any such avocat to sign the undertaking referred to in Part A of this Article and to furnish the following particulars for the register : (a) name (b) address of installation in England and Wales (c) professional titles and qualification (d) firm's name, if any (e) existence and nature of any arrangement with a solicitor or barrister. (3) Where an avocat has registered under the pro- visions of this Article no further registration shall be required in respect of any "associé" or "collaborateur" who makes an occasional visit to England or Wales. (c) Relationship with a solicitor (1) An avocat carrying on his profession in England or Wales may have his installation in the office of a solicitor and may, subject to the provisions of the Solicitors' Practice Rules of The Law Society, enter into an agreement of a type approved by The Law Society for collaboration with the solicitor. With the ipproval of The Law Society and of the Paris Ordre

des Avocats the avocat's name followed by the words "Avocat á la Cour de Paris" may appear on the solicitor's letter headings. (2) An avocat who is installed in England or Wales in his own office may enter into an agreement of a type approved by The Law Society for collaboration with a solicitor. (d) General (1) The Ordre will require an avocat installed in England or Wales to describe himself at all times as an "avocat" and on his letter headings, notices and other written documents to indicate that he is an "Avocat á la Cour de Paris'. (2) The Law Society will so far as is practicable afford to an avocat who is registered with The Law Society in accordance with the provisions of Part B of this Article the same aid and assitance vis-a-vis the authorities in England and Wales as those enjoyed by solicitors. (3) Nothing in this Convention affects the right of an avocat practising in England or Wales, whether in an installation on his own account or under an arrange- ment or agreement such as is contemplated in this Article, to carry on all the activities of an avocat, ex- cept activities reserved to the English legal profession. ARTICLE 4 Rights and obligations of a solicitor installed in Paris (a) Ethics and Discipline (1) The Law Society will require any solicitor in- stalled or who becomes installed in Paris (other than those who are registered as conseils juridiques or are employed by a person who is registered as a conseil juridique) to observe the provisions of this Convention, of the Directive on the provision of services by lawyers and the International Code of Ethics (Articles 2 et seq) or such other general code of ethics as the Paris Ordre des Avocats and The Law Society may from time to time agree; before registration under part B of this Article the solicitor shall sign an undertaking to the Ordre des Avocats to this effect. (2) Any breach by such a solicitor installed in Paris of such code which is established or alleged by the Ordre des Avocats will be referred to The Law Society for such disciplinary action to be taken as The Law Society may consider appropriate. (b) Registration (1) The Paris Ordre des Avocats will maintain a register in which will be entered particulars set out below of every solicitor installed in Paris (other than a solicitor who is registered as a conseil juridique or is employed by a person who is registered as a conseil juridique). (2) The Law Society will require any such solicitor to sign the undertaking referred to in Part A of this Article and to furnish the following particulars to the Ordre : (a) name (b) professional address in Paris (f) existence and nature of any arrangement with an avocat together with the particulars of it as set out in the Annex to this Convention. (3) Where a solicitor has registered under the pro- visions of this Article no further registration shall be required in respect of any member or employee of the (c) professional titles and qualifications (d) details of his practising certificate (e) firm's name, if any

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