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GAZETTE
J
U
NE/J
U
LY
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.
ARTICLE 5
General Provisions
(a) Fees
(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
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-
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