The Gazette 1976

J U NE/J U LY

GAZETTE

1976

firm or partnership who makes an occasional visit to Paris. (c) Relationship with an avocat A solicitor holding a practising certificate and carry- ing on his activities in Paris (other than a solicitor who is registered as a conseil juridique or is employed by a person registered as a conseil juridique) may alone or together with his partners enter into arrangements with an avocat of the types specified in the Annex hereto and subject in each case to the conditions pro- vided. (d) General (1) The Law Society will require a solicitor other than a solicitor who is registered as a conseil juridique installed in Paris to describe himself at all times as a "solicitor" and on his letter headings, notices and other written documents to indicate that he is a "Solicitor of the Supreme Court of England". (2) The Ordre des Avocats will so far as is practic- able afford to a solicitor who is registered with the Ordre in accordance with the provisions of Part B of this Article the same aid and assistance vis-á-vis the authorities in France as those enjoyed by members of the Ordre des Avocats. (3) Nothing in this Convention affects the right of a solicitor installed in Paris, whether in an installation on his own account or under an arrangement such as is contemplated in this Article, to carry on the activities of a solicitor, except activities reserved to the French legal professions. (1) An avocat and a solicitor may in any agreement between them (but subject to any professional or statu- tory rules which may exist) establish a method of fixing fees in cases where the avocat asks the solicitor for his assistance on behalf of his client or when the solicitor asks the avocat for his assistance on behalf of his own client. (2) An avocat, who has carried on some professional activity in England or Wales, may with his client's agreement fix his fees according to the local rules and practice and may on this matter ask for the advice of The Law Society. (3) A solicitor who has carried on some professional activity in Paris may with his client's agreement fix his fees according to the local custom and where appro- priate, Paris scales and may on this matter ask for the advice of the Ordre. (b) Transfer (1) Subject to such regulations as may be agreed between the Ordre des Avocats, The Law Society and the Senate of the Inns of Court and the Bar, an avocat who ceases to carry on a practice previously carried on in barristers' chambers will be entitled to exercise the rights conferred by this Convention, and an avocat who has exercised such rights will be entitled to carry on his practice in barristers' chambers whereupon his rights and obligations under this Convention will cease. (2) Where a solicitor who has been registered as a conseil juridique ceases to be so registered, he will be entitled to enjoy such rights conferred by this Conven- tion as he is not entitled to enjoy while registered and a solicitor who has enjoyed the rights conferred by this Convention, will, if he becomcs registered as a conseil ARTICLE 5 General Provisions (a) Fees

juridique, no longer be entitled to enjoy such rights nor be subject to the obligations imposed bv this Con- vention. (c) Benefits in relation to the Courts (1) A solicitor holding a practising certificate whether installed in Paris or not (other than a solicitor who is registered as a conseil juridique or is employed by a person who is registered as a conseil juridique) may, in conjunction with an avocat, carry out the procedures necessary for examining the Court Record and official files and documents in the possession of the Court and of Registrars or of any public or private bodv to which an avocat has a right of access and may also when accompanied by and under the control of an avocat appear in a Court in the area within the jurisdiction of the Ordre des Avocats and participate in the hearing to such extent as the Court may consider desirable in the interests of justice. The Law Society will require any solicitor who exercises any rights accorded by this Article to comply with the rules of conduct and to submit himself to the disciplinary controls which apply- to an avocat in relation to such matters. (2) The Law Society will, in conjunction with the Bar of England and Wales, use its best endeavours to ensure that an avocat whether installed in England or Wales or not may, in conjunction with a solicitor or a barrister carry out the procedures necessary for examin- ing the Court Record and official files and documents in the possession of the Court or of Registrars or of any public or private body to which a solicitor or barrister has a right of access. The Law Society will also, in conjunction with the Bar of England and Wales en- deavour to secure a right of presence at hearings in Court for an avocat when accompanied by a solicitor or barrister and if necessary under the control of one or other of them and the right to participate in the hearing to such extent as the Court may consider desirable in the interests of justice. An avocat who has an installation in a solicitor's office shall only have the right to participate in a hearing in a Court in which a solicitor has such a right and in cases in which a barrister is not instructed to appear as the advocate. The Ordre des Avocats will require any avocat who exercises any rights accorded by this Article to comply with the rules of conduct and to submit himself to the disciplinary controls which apply to the solicitor, or as the case may be the barrister, with whom he is carrying out the procedures above mentioned or under whose control he is participating at the hearing. (d) Good Standing (1) The rights conferred by this Convention upon an avocat apply only to an avocat who is in good stand- ing with the Ordre and upon a solicitor apply only to one who is in good standing with The Law Society. (2) The Ordre reserves the power to deny to anv solicitor the right to carry on his practice in the office of an avocat in Paris or to enter into or continue an arrangement or agreement for collaboration with an avocat or an avocat stagiaire in relation to his practice in Paris and The Law Society reserves the power to deny to any avocat the right to carry on his practice in the office of a solicitor practising in England or Wales or to enter into or continue an arrangement or agree- ment with a solicitor. (e) Joint Committee The Ordre and The Law Society will establish a Joint Committee for the purpose of considering all mat- 77