The Gazette 1976

J U NE/J U LY

GAZETTE

1976

ters relating to the implementation of this Convention and of resolving any problems which may arise under it, including inter alia (1) the implications of arrangements of the types en- visaged above; (2) the procedure to be adopted for investigating and dealing with alleged breaches of ethical rules; (3) the matters referred to in Parts B and D of this Article; (4) insurance against professional negligence and com- pensation for dishonesty; (5) activities reserved to the legal professions by law. (f) Conciliation and Arbitration If the Ordre des Avocats and The Law Society find it impossible to remove any doubt or resolve any dispute or question concerning the interpretation or application of this Convention they will submit it to the Com- mission Consultative des Barreaux de la Gommunauté Européenne for the purpose of consultation and con- ciliation and if the two bodies so agree, with power to arbitrate, and in such case the Ordre des Avocats and The Law Society agree to accept without reserve the decision of that body. (g) Termination This Convention may be terminated by either party subject to a year's notice in writing expiring at any time. F. MOLLF.T-VIEVILLE

ANNEX (a) 'Cabinet Groupé' (1) The contract shall be in writing. (2) The activities of the avocat and the activities of the solicitor shall remain separate. (3) Some or all of the expenses of their respective activities may be shared in the proportions and upon the terms described in the contract. (4) The respective activities of the avocat and the solicitor may be carried on in separate premises or in the premises of the avocat or in the premises of the solicitor. (5) Wherever the avocat and the solicitor hold them- selves out together to third parties who might otherwise be misled it shall be made clear that the terms of sub- para 2 above apply. However the avocat and the solici- tor may for all relevant purposes describe their relation- ship by a fitting title such as, if that be the case, 'correspondants organiques/associated correspondents'. (6) Either the avocat or the solicitor or the avocat and the solicitor jointly may enter into an arrangement with a "collaborateur". (7) No avocat or avocat stagiaire shall be obliged to share the use of a room except, in the case of an avocat stagiaire, where it is considered valuable to the acquisition of professional experience, when the period of sharing shall not exceed one year. (8) No rights shall be granted nor obligations im- posed which derogate from the provisions of the law governing each profession. (b) 'Association' (1) The contract shall be in writing. (2) The avocat and the solicitor shall share expenses and stand to benefit from profits or suffer losses in the proportions stated in the contract. (3) The avocat and the solicitor shall be permitted to hold themselves out to third parties as partners (associés). (4) In all dealings with third-parties the respective professional titles of the partners shall be made clear. (5) The partnership may enter into an arrangement with one or more "collaborateurs". (6) No avocat or avocat stagiaire, whether a partner or a collaborateur, shall be obliged to share the use of a room except, in the case of an avocat stagiaire, where it is considered to be valuable to the acquisition of professional experience when the period of sharing shall not exceed one year. (7) Although their relationship is one of partnership no rights shall be granted to nor obligations imposed upon any partner which conflict with the provisions of the !r.\v governing his profession. For example, but with- out prejudice to the generality of the foregoing, a French partner may not enter into partnership arrange- ments as regards accounting for clients' moneys and insurance for professional negligence which constitute a derogation from the laws and regulations governing such matters in the Republic of France or the pro- fessional rules of the Paris Bar, unless, in the latter case, such derogation has been authorised by the Bátonnier. (c) "Collaboration" (1) The contract shall be in writing. (2) The collaborateur may contract, inter alia, with either an avocat or a solicitor or an association com- prising an avocat and a solicitor. (3) The contract shall specify the period of the collaboration, the terms of remuneration and the terms upon which the collaboration shall terminate. (Concluded on p. 80)

Le Bátonnier E . N . LIGOINS President of The Law Society,

Signed in Paris, 12 April 1976

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