The Gazette 1976

GAZETTE

NE/J

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

Le Bátonnier

E . N . LIGOINS

President of The Law Society,

Signed in Paris, 12 April 1976

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)

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