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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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