The Gazette 1975

of the principal office in the Statuts, on headed note-

paper and in Law Directories, etc.

Assuming that the resident partners do not

cipally subject to the professional regulations of the

Bar to which they are attached in their home country.

There is also a loose understanding among foreign

practitioners and the French Bar that the former

should not indulge in standards of practice offensive

to those of the French Bar. For example, as Avocats

are not permitted to handle cases on a contingency

fee basis, theoretically therefore foreign practitioners

in France would be bound by the same rule. In

practice however this arrangement is at best a gentle-

man's agreement. In cases of conflict it is usually

ignored. For example, American lawyers, as is well

known, apply the contingency fee basis to many areas

of litigation. Indeed, many of their clients would not

entrust a case to a lawyer on any other basis. It is

unlikely that in such instances the French Bar would

intervene unless the particular arrangement had

directly prejudiced a member of their own profession.

The French partners of the foreign firm may

become members of the

Association des

Avocats

inscrits á un Barreau Etranger.

Membership of this

organisation in no way conflicts with continued

membership of the foreign Bar to which the resident

partners are attached. On the contrary, the require-

ments for membership of the Association are that

the applicant is a practising member of a foreign Bar

and is still subject to the professional regulations of

his own Bar. It is usually necessary to produce proof

of having been in practice for five years in France

or alternatively to posses a French law degree of

Licence en Droit before being eligible for member-

ship of the Association. However, this rule can be

relaxed in individual cases. In this connection, it is

worth noting that the Association is at present

desirous of increasing its membership which currently

numbers 44 foreign lawyers from 14 different

countries.

The Association does not have any disciplinary

powers over its members. Its sole purpose is to

represent the interests of foreign practioners in

France. In this connection, it played a very useful

role during the passing of the 1972 reforms. The

present activities of the Association are generally

felt to be inadequate. Its potential sphere of activity

however is considerable not only in defending the

interests of its members but also in helping to

improve the quality of the service offered by foreign

lawyers in France.

As already mentioned, in the initial stages, the

bulk of the firms' clientele should come from the

principal office in the home country. Later, the repu-

tation of the firm itself will bring work in from

independent sources. These are invariably the corres-

pondents in other countries of the principal office,

announcements in law directories and thfe personal

contacts of the resident partners with possible

sources of clientele in France including of course

their membership of professional and other associa-

tions.

Apart from the work obtained from sources in

France and the home country, there remains a great

reservoir of possible clientele in other countries

trading with France. Needless to say, foreign lawyers

in France invariably cultivate connections with such

countries either by appointing correspondents and

agents there or, exceptionally, going as far as opening

a branch office.

The reader will note in this connection how

changes in economic and political circumstances

affect the foreign lawyers sources of clientele as

mentioned earlier. A current illustration is the ten-

dency for many British firms in France to seek con-

nections with non British based sources of clientele,

notably the Middle East and certain Commonwealth

countries. This move has needless to say been

prompted by the present difficulties of the British

economy and uncertainty at Britain's future in

Europe.

Knowledge of French commercial law essential

As a commercial practice is invariably the most

solid basis on which to establish a French office, it

follows that the resident partners will encounter all

aspects of French commercial law. These include

company formation and administration, labour law,

customs and exchange control regulations, compli-

cated French and international tax matters, patents

and trade mark law and of course litigation in France

and abroad.

The other areas of practice are as varied as the

size of the firm, the scope of its clientele and of

course the policy of the firm itself in matters of

specialisation. If the firm has a litigation practice, it

may be involved in arbitration suits before the Court

of the International Chamber of Commerce in Paris,

usually applying French law. It may have a debt col-

lection department. Inevitably, it will from time to

time act as instructing Solicitor on behalf of French

clients in respect of litigation in its own country, the

matter usually being handled by its principal office

there.

A commercial practice will invariably undertake a

certain amount of international corporate financing,

industrial conveyancing (in liaison with a Notaire)

and advice on EEC regulations affecting trading

agreements.

A private clientele will usually involve succession,

matrimonial and divorce matters plus a certain

amount of residential property work.

Finally, every foreign lawyer is regularly called

upon by his French colleagues to deliver Affidavits of

law (Certificat de Coutume) stating the law of his

own country on particular matters.

Foreign practice in France expensive

It will be evident from this outline that the

internal organisation of a foreign practice in France

is relatively complex and expensive. Bilingual staff

at all levels, legal staff versed in at least two systems

of law with appropriate library facilities and the most

up to date communication systems to maintain con-

tact with non resident clients are all essential

elements in the organisation of any foreign law

practice. A great deal of travelling is required and

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