The Gazette 1975

BY COLM MANNIN, SOLICITOR, PARIS

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 or 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 g roupés. The number of associés is 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. 79

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. The requirements for admission to the profession of Avoeat are that the applicant must hold a university law degree ( licence en droit) and must have obtained a 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) An 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 Avocals