Comparative Law Spring 2003 Professor Susanna Fischer CLASS 10 FRENCH LEGAL PROFESSION Feb. 20, 2003

French Legal Profession Professor René David has stated: “there is no general concept of a legal profession in France.” Is that true? To what extent are French legal professionals similar to U.S. attorneys and judges? To what extent are they different?

French Legal Profession There are several separate kinds of French legal professionals. Training, regulation, and ability to choose clients depend on which branch of the legal profession a professional belongs to.

THE FRENCH LEGAL PROFESSION What are the major types of French lawyers today?

Main legal professions in France Avocat Avocats aux conseils Notaires Avoués Huissiers de Justice [more on next slide]

Main legal professions in France continued... Judges (magistrats du siège; les juges) Magistrats du parquet (known collectively as ministère public.)

AVOCATS Pierre Hourcade: t.com/ t.com/ About 36,000 avocats in France (about half practice in Paris) What legal services do avocats perform? Do avocats have a monopoly over any types of legal services?

AVOCATS 4 main roles of avocats: 1. Advocates at court hearings (assistance) 2. Drafting written submissions (pleadings) (représentation), 3. Giving legal advice 4. Drafting non- litigation documents like contracts

A Little Historical Background on Profession of Avocat In 1990, the profession of avocat, which had exclusive rights of audience in most courts, was merged with another branch of the profession, conseil juridiques who (created in 1971 under a previous reform law) had the function of giving advice, drafting documents (though not notarial deeds), and had only limited rights of representation. Conseil juridiques most often were corporate and tax lawyers. Reformed because it was seen in the public interest for clients to just have 1 lawyer

AVOCATS AUX CONSEILS What is the function of these public officers? How many are there?

AVOCATS AUX CONSEILS They have exclusive rights to act as advocate and draft court pleadings for Conseil d’Etat and Cour de cassatin They are officiers ministériels appointed by Minister of Justice There are 92 of them.

AVOUÉS PRES LES COURTS D’APPEL What is the function of these public officers? How many are there?

AVOUÉS PRES LES COURTS D’APPEL Originally avoués had a monopoly over drafting legal pleadings but this was limited to court of appeal in They still have this monopoly. About 300 of them.

NOTAIRE What are the functions of a notaire? Do notaires have a monopoly over any legal services?

NOTAIRE (about 7500 total) What is the function of a notaire? 1. Draw up authenticated/enforceable instruments (actes authentiques) (such as contracts of sale). Some, like marriage contracts, wills, or mortgages, are required to be drawn up by notaires so they have a monopoly in that regard. 2. Give legal advice re: transactions, business, commerce 3. Act as officers of the court to draft documentation re company liquidation or divorce settlement.

NOTARISED INSTRUMENTS Notaries signature bears witness to contents and date They are enforceable without need for court judgment Notary keeps archive of documents – preserved for 100 years Overseen by Superior Counsel of Notaries as well as regional and local chambers (usually one local chamber per department)

NOTAIRE (about 7800 total) For more information, see

Huissiers de justice - What is the function of huissiers de justice? Do they have a monopoly over any legal services?

Huissiers de justice - What is the function of huissiers de justice? Bailiffs (about 2500 of them) Do they have a monopoly over any legal services? Yes, they have a monopoly on serving court documents and taking measures to enforce judgments (e.g. seizing or selling goods) Could also prepare sworn statements to use as evidence in court (like experts) Operate in jurisdiction of local TGI which supervises their work

Additional advisory functions of Huissier  conflicts between landlords and tenants, difficulties related to separation or divorce procedures (e.g. access to children)  advises companies about their future partners. He/she obtains the repayment of debts for those companies. Can advise generally

Mediator/Conciliator functions of huissier  The Huissier de Justice can serve as a mediator to try to find an amicable solution to disputes, to avoid lengthy and expensive procedures.  The Huissier de Justice is a conciliator. He/she avoids the recourse to courts and tribunals. He/she in some ways replaces the Justice of the Peace. For more information, see:Chambre nationale des huissiers de justice at: justice.fr/ justice.fr/

OTHER LEGAL PRACTITIONERS: JURISTE D’ENTERPRISE In-house lawyers Regulated by general labor laws

OTHER LEGAL PRACTITIONERS Greffiers des Tribunaux de Commerce - REGISTRARS OF COMMERCIAL COURTS Commissaires-Priseurs - LICENSED AUCTIONEERS Administrateurs Judiciaires - COURT- APPOINTED ADMINISTRATORS FOR INSOLVENT COMPANIES

Officiers Ministériels What is an officier ministériel? Which types of French legal professionals are officiers ministériels?

Officiers Ministériels What is an officier ministériel? Public officers appointed by Minister of Justice. Must purchase/acquire practices. Which types of French legal professionals are officiers ministériels? Notaires, avoués, avocats aux conseils, huissiers Each of these professions are governed by societies like Bar Council for avocats, but more centralized. They train and enforce discipline.

Officiers Ministériels: Serving the Public Specialists who must serve all comers. (Avoués of the court of appeals, Avocats of the Cour de Cassation and the Conseil D'etat, Notaires, Huissiers de Justice, a sort of bailiff, clerks of the commercial courts, greffiers. All these are specialists who may not reject lawful requests for services within their competence.) Avocats are different. They can freely choose their clients.