The Gazette 1975

Referring to the question of fees, avocats , like bar- risters, do not charge on a scale rate. In fact, their fees are normally calculated in a manner similar to the schedule 2 costs sys'em for Irish solicitors. In practicc. fees are assessed in relation to the time involved, usual- ly at an hourly rale which is rarely less than 250 ITS. and often considerably more. There is a practice of paving a deposit on account of costs and outlays at in- structions stage. While this is a matter of course with avocats, the practicc is also widely used by other branches of the profession. No sys'em of taxation of fees exists although clicnts have a right of recourse to the local Bátonnier. All payments received by an avocat from a clicnt to cover outlays can be paid into a special bank operated bv the profession, known as the Caisse des reglements pécuniaircs cffeetués par les Avocais a la Cour de Paris (C.A.R.P.A.) The right to avail of this account is open to an) avocat who obtains an insurance policy cover- ing his liability (for overdrawing the account). The object of the sys'em, established in 1954, is to enable necessary outlays to be expended in respect of Court proceedings without having to refer back to a clicnt for each such payment. It is believed that this sub- stantially minimise delays in such proceedings. It also enables an avocat to collect funds on behalf of a client without resort to an intermediary such as, for example, a huissier (bailiff) when obtaining payment on foot of a judgment. This brief outline of the function of an avocat in France will indicate to the Irish practitioner that con- trary to what is often assumed, the avocat's practice is not the direct equivalent of that of an Irish or UK barrister. Rather, it is a combination of the functions of both solicitor and barrister in a Civil Law context. More- over, as already remarked, 'he avocat is becoming less restricted to the field of advocacy and more involved in administration, at least among the younger member? of the profession. To this end, he has been putting his house in order in preparation for undertaking this new role. The establishment of the avocats own special welfare system, compulsory insurance against profes- sional negligence, the set'ing up of an office known as the Bureau Commun des Avocats staffed' by law clerks, messengers and secretariat to undertake much of the auoccff's administrative work — are all recent reforms Initiated by the profession itself. It is evident therefore that this branch of the French legal profession has embarked on a process of rapid transforma'ion and seems likely to acquire a very dominant influence in future French legal practice. The Notaire occupies an extremely important place in the French legal profession. Although he is essentially a conveyancing and probate specialist, these are by no means the limits of his activities. Indeed, in provincial districts, his role is very much on a par with that of the family solicitor in the Common Law system. It Is impossible to describe the full extent of his act- ivities without reference to the nature of his function in the French legal system. A law of 1803 defines this as follows: Notaire

"Nolaires are public officials appoin'ed to rcccive all documents to which the parlies thereto arc legally ob- liged or desire to accord thereto the character of authenticity attaching to documents of public record and to record the date of such documents, to record the location of the originals thereof and to enable de liveries of copies thereof certified and common, to be made". It is evident therefore that the nature of the Notaire s role broadly resembles that of the notary public though the scopc of his activities are considerably wider than those of the former. Although public officers, notaires are not in any sense civil servants. Nonetheless, the public functions they undertake invest them with considerable impor- tance. As a result, their numbers arc limi'ed and their activities strictly regulated. The enormous scope of the notaire's sphere of acti- vity is apparent from the definition of the nature of his office. His right of certifying the authenticity of doc- uments and right of performing, quite literally, the function of a public records office assure him of an im- portant place in a great many areas of French lego! procedure. Not only, is he a Land Registry and a Pro- bate Office in his own right, his services are also en- gaged in matrimonial settlements (not uncommon in Francc where the law automatically regulates the mar- riage under the system of community of property unless the couple select the system of separation of goods by establishing a marriage settlement before a Notaire) in company formations (a declaration of compliance on the promotion of a Société Anonyme, broadly the French equivalent of a public company, must he signed before a No'aire), in commcrcial transactions, notobly in relation to protested bills where the Notairc does much the same as a Notary Public. Wi ll few exceptions, the originals of documents, in- cluding deeds transferring title to immovable property must be kept in the archives of the Notairc before whom the document has been signed. Certified copies (grosses) are given to the parties having an interest in the transaction. The originals, referred to as " m i n u t e s m u s t be re- tained by the Notaire and his successors for 125 years, whence they are delivered up to the national or regional archives offices. It follows that minutes are usually kept in chronological order. A check list or " repertoire" is also maintained in chronological form. This is delivered up :o the registration authorities from lime to time for the purpose of ensuring that registration formalities end stamp duty requirements have been respected. It is evident from the above that the administration of a Notaire's practice is far more complex than that of a conveyancing or probate Solicitor. A Notaire will invariably employ at least one c/erc principal, several Junior clercs and a number of secretaries. Indeed, the national ratio of practising Notaires to notarial staff is presently one to six. However these proportions are usually greater in large cities (a staff of fifteen would not be unusual for a Parisien Notaire while the largest Etudes are staffed by up to 200 or more employees) and smaller in depressed areas of France. It is not surpris- ing therefore that the notariat is the largest legal service in France, although the number of practising