The Gazette 1975

BY COLM MANNIN, SOLICITOR, PARIS

Despite reforms which came into effect in September

1972, the structure of the legal profession in France

remains considerably fragmented by Common Law

standards of practice. Although further reforms are

presently being considered, it seems unlikely that any

significant changes will take place before the end of

the present decade.

In the interim, the foreign-besed practitioner in-

volved in French legal matters will require a clear

understanding of the relative functions of cach branch

of the profession in France. This can be of consider-

ably importance in relation to particular areas of

prrcticc, as the functions of each branch of the pro-

fession over-lop in such fields as Company Administrat-

ion, Tax Law, Succession Law, and Commercial Law.

Moreover, certain branches of the profession are belter

equipped than others to handle particular areas of prac-

tice. For example, a

conseil juridique

is more likely

be consulted than an

avocat

in relation to many aspects

of business law.

This duplication of functions, ihe explana'ion for

which is purely historical, was one of the main reasons

for the 1972 reforms. However, as is evident from the

proceeding paragraph, lit:le has as yet been achieved

in limiting the practice.

In an attempt to assist readers in undcrs'anding the

functioning of the French legal network, the following

outline compares, where possible, the functions of the

various members of the legal profession in France with

those of the Irish or British Solicitor and Barrister.

Avocals

The requirements for admission to the profession

Avoeat

are that the applicant must hold a university

law degree (

licence en droit)

and must have obtained

Certificate

d'Aptitude

á la profession

d'Avocat

(CAPA) for which the candidate will have passed

Bar exams subsequent to ob'aining his degree. He will

usually have spent four years in obtaining the licence

and a further year in prepcring the "CAPA" exam. On

admission, he must undertfke a training period

(stags)

of three years wi h an experienced

Avocat.

This is

much the same as the system of devilling at the Irish

Bar.

Until 1974, French nationality wrs a prerequisite to

becoming an Arocat. However, the French Bar

abolished this requirement since the decision of the

European Court in the ease of

Jean Reyncrs v The

Belgian State,

(The Times, European Law Report,

21.6.74)

Avocat

becomes a member of one of the lo3

loc?J Bars (

Barreaux

) which has administrative as wcl

«s disciplinary functions. He is not however restricted

in his practice to the Court to which his local Bar is

attached. On the other hand there is no Circuit system

as in Ireland. Thus, a prominent practitioner can and

invariably does plead all over 'he country. However,

the preparation of pleadings (

postulation)

can only

be done by an

Avocat

a'tached to the Court district

in which the case is to be heard. Apart from this res-

triction, the

Avocat

can plcrd the case, a'tend con-

sultations and generally advise on conduct of proceed-

ings wherever they are heard.

Like the Bar in Ireland or Great Britain, the Avoca".

has traditionally confined his activities 'o those of con-

sultancy and advocacy, differing from his cross-Chan-

nel colleagues in this conncclion only bv virtue of

his direct contact with the clients. This right existed

even before the reccnt reforms, although in praclicc

the

Avocat

often received instnictions on contentious

matters from an

Avoué,

who fulfilled almost exactly

the same role as an Irish Solicitor in litigation ma ters.

In addition to retaining his virtual monopoly of

the right of audicnce in civil and criminal proceed-

ings, the avocat has also cultivated his role in non-

contcntious matters. He has therefore become more in-

volved than previously at administrative level on lcgrl

matters. However, in practice, the avocat prefers to

retain his 'raditional role of consultant and advocalo.

It is expected nonetheless that the role of the pro-

fession will gradually come to resemble that of the

American attorney for two reasons. The

avocats

are

increasingly concerned by the ex'ent to which the

consciis juridiques

(discusscd lfter) have usurped so

many lucrative areas of business law. Secondly, the

notions of partnership and of chambers have becomc

increasingly accepted by members of the profession as

a means of improving 'he quality of the service they

can offer clients. As a result, chambers —

cabinets

groupés

bureaux communs

— are increasing in num-

ber, especially in the large cities.

The

Cabinets groupés

are in fact very similar to

he UK system of Chambers. No more than five avocals

(Including "stagiaircs") crn form a "g

roupemcnt".

Each

member practiccs in his individual capacity and fee-

sharing is forbidden. A g

roupement

is established by

a written agreement of which a copy must be lodged

with the local Bar President (BStonnicr).

A partnership

("Association")

among

avocats

is nat-

urally subject to more strict rules than those applic-

able to

Cabinets

roupés.

The number of

associés

restricted to five as in the case of

Cabinets groupés.

Profits and losses are shared in equal proportions. A

partnership name is permitted. A written partnership

agreement must be drawn up, as in the case of a

groupement

a copy being lodged with the

Batonnies.

One of the in'eresting aspects of a partnership be-

tween

avocats

results from the fact that inevitably,

each member continues 'o act for his own clients. As

a a result, the problem of possible conflicts of interests

is avoided by the fact that no p?r!ner can accept a

case if any of his co-partners are opposed thereto.