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 register as Conseils Juridiques, they remain prin- 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 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 117 own country on particular matters. Foreign practice in France expensive