The Gazette 1976

GAZETTE

NE/J

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

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

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

(d) details of his practising certificate

(e) firm's name, if any

(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