LAW OF 31 DECEMBER 1971 REFORMING CERTAIN JUDICIAL AND LEGAL PROFESSIONS
LexInter | December 30, 2005 | 0 Comments

LAW OF 31 DECEMBER 1971 REFORMING CERTAIN JUDICIAL AND LEGAL PROFESSIONS

 

Article 1
Modified by Law n ° 90-1259 of December 31, 1990 art. 1, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 I. – A new profession whose members bear the title of lawyer is substituted for the professions of lawyer and legal counsel. Members of these professions are automatically part of the new profession if they do not renounce them. Legal advice, registered on the list drawn up by the public prosecutor on the date of entry into force of Title I of Law No. 90-1259 of December 31, 1990 on the reform of certain judicial and legal professions, are registered in the table of the bar established by the tribunal de grande instance with which they are registered as legal counsel with effect from the date of their entry into the profession, if they were practicing it before September 16, 1972, or of their registration on the list.

 

The members of the new profession exercise all the functions previously assigned to the professions of lawyer and legal advice, under the conditions provided for in Title I of this law.

 

The profession of lawyer is a liberal and independent profession.

 

The title of lawyer can be followed, if necessary, by the mention of university titles, professional distinctions, of the regulated legal profession previously exercised, of a title whose carrying is regulated abroad and allows the exercise. in France of the functions of lawyer as well as that of one or more specializations.

 

Lawyers registered with a bar and legal advisers, in office for more than fifteen years on the date of entry into force of Title I of Law No. 90-1259 of December 31, 1990 reforming certain judicial and legal professions and who give up being part of the new profession are authorized to request the honorary membership of their professional activity. The same applies to those who enter the new profession, when they cease their activity if it occurs after at least twenty years of exercising their previous profession and the new profession.

 

II. – (Paragraph deleted).

 

III. – By way of derogation from the provisions of the second paragraph of article 5, lawyers registered with the bar of one of the high courts of Paris, Bobigny, Créteil and Nanterre may exercise, with each of these courts, the powers previously devolved to the ministry of attorney.

 

The provisions of the second paragraph of article 5, however, remain applicable to proceedings for foreclosure, partition and auction.

 

In addition, a lawyer may not exercise the powers previously vested in the attorney’s ministry before a court other than that at which his bar is established, neither for legal aid, nor in instances in which he is not the master of law. the case also responsible for pleading.

 

Lawyers registered on September 16, 1972 with one of the bars mentioned in the first subparagraph of this paragraph III may, on a personal basis, keep their professional domicile in any of the jurisdictions of the high courts of Paris, Bobigny, Créteil and Nanterre since this domicile had been established prior to that date.

 

Article 2

 The offices of attorney near the high courts are abolished.

 

Solicitors are indemnified, under the conditions set out in Chapter V of this title, for the loss of the right recognized to them by article 91 of the law of 2 April 1816 to present a successor for the approval of the Keeper of the Seals, Justice Ministry.

 

 

Article 3
Modified by Law n ° 90-1259 of December 31, 1990 art. 2, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 Lawyers are court officials.

 

They take an oath in these terms: “I swear, as a lawyer, to exercise my functions with dignity, conscience, independence, probity and humanity”.

 

In the exercise of their judicial functions, they wear the costume of their profession.

 

 

Article 3a
Created by Law n ° 90-1259 of December 31, 1990 art. 3, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

The lawyer is free to move around in order to perform his duties.

 

 

Article 4

 No one may, unless he is a lawyer, assist or represent the parties, apply and plead before the courts and judicial or disciplinary bodies of any kind, subject to the provisions governing lawyers at the Council of State and at the Court of Cassation and attorneys at the courts of appeal.

 

The foregoing provisions do not preclude the application of the special legislative or regulatory provisions in force on the date of publication of this law and, in particular, the free exercise of the activities of trade unions governed by the labor code or of their representatives, in matters of representation and assistance before the social and joint courts and the judicial or disciplinary bodies to which they have access.

 

Article 5

 

Lawyers exercise their ministry and can plead without territorial limitation before all jurisdictions and jurisdictional or disciplinary bodies, subject to the reservations provided for in the preceding article.

 

They exercise exclusively before the tribunal de grande instance in whose jurisdiction they have established their professional residence the activities previously devolved to the compulsory ministry of the attorney before this tribunal. However, lawyers carry out these activities before all the high courts near which their bar is constituted.

 

By way of derogation from the provisions contained in the preceding paragraphs, when the number of lawyers registered on the roll and residing within the jurisdiction of the tribunal de grande instance is deemed insufficient for the dispatch of cases, lawyers established with another tribunal de grande instance within the jurisdiction of the same court of appeal may be authorized to initiate procedural acts.

 

This authorization will be given by the court of appeal.

 

Article 6
Modified by Law n ° 90-1259 of December 31, 1990 art. 4, art. 67 (JORF January 5, 1991 in force January 1, 1992).

Lawyers can assist and represent others before public administrations, subject to legislative and regulatory provisions.

They can, if they can prove that they have practiced a regulated legal profession for seven years, serve as a member of the supervisory board of a commercial company or as a company director. The council of the order may grant an exemption for part of this period.

 

Article 6a
Created by Law n ° 90-1259 of December 31, 1990 art. 5, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

Lawyers can receive missions entrusted by justice.

 

 

Article 7
Modified by Law n ° 2005-882 of August 2, 2005 art. 18 VI (JORF August 3, 2005).

The lawyer can practice his profession either individually, or within an association, a professional civil society, a liberal practice company or a joint venture provided for by law n ° 90- 1258 of December 31, 1990 relating to the exercise in the form of companies of the liberal professions subject to a legislative or regulatory statute or whose title is protected, either as an employee or liberal collaborator of a lawyer or an association or law firm. It can also be a member of an economic interest grouping or a European economic interest grouping.

 

Without prejudice to the provisions of this article, the lawyer may practice his profession as a liberal collaborator of a lawyer in accordance with the terms provided for in article 18 of law n ° 2005-882 of August 2, 2005 in favor of small and medium-sized enterprises.

 

The employment contract must be drawn up in writing. It must specify the terms of the remuneration.

 

The salaried lawyer cannot have personal clients. In carrying out the missions entrusted to him, he enjoys the independence that his oath entails and is only subject to a relationship of subordination towards his employer for the purpose of determining his working conditions.

 

The collaboration contract or the employment contract must not contain any stipulation limiting the subsequent freedom of establishment of the collaborator or employee.

 

Under no circumstances may contracts or membership of a company, association or group infringe the ethical rules of the legal profession, and in particular compliance with the obligations in terms of legal aid and commission. office, and the faculty for the collaborating or salaried lawyer to ask to be relieved of a mission that he considers contrary to his conscience or likely to undermine his independence.

 

Disputes arising from an employment contract are submitted to arbitration by the President of the Bar, subject to appeal before the Court of Appeal sitting in the council chamber.

 

 

Article 8
Modified by Law n ° 90-1259 of December 31, 1990 art. 7, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 Any group, company or association provided for in article 7 may be formed between lawyers, natural persons, groups, companies or associations of lawyers belonging or not to different bars.

 

The association or company can apply to each court through the ministry of a lawyer registered with the bar established near that court.

 

Article 8-1
Created by Law n ° 89-906 of December 19, 1989 art. 1 (JORF December 20, 1989).

 

Without prejudice to the provisions of article 5, the lawyer may establish one or more secondary offices, after declaration to the council of the bar association to which he belongs.

 

When the secondary office is located in the jurisdiction of a bar different from that where his professional residence is established, the lawyer must also request the authorization of the council of the bar association in whose jurisdiction he intends to establish a secondary office. The council of the order decides within three months from receipt of the request. Otherwise, the authorization is deemed to be granted.

 

Authorization can only be refused for reasons based on the conditions for exercising the profession in the secondary office. Without prejudice to the disciplinary sanctions that may be imposed by the Bar Council to which the lawyer belongs, it may only be withdrawn for the same reasons.

 

In all cases, the lawyer with a secondary office must exercise an effective professional activity there under penalty of closure by decision of the council of the bar association in which he is located.

 

 

Article 8-2
Created by Law n ° 89-906 of December 19, 1989 art. 1 (JORF December 20, 1989).

 By way of derogation from the provisions of article 8-1, lawyers registered with the bar of one of the high courts of Paris, Bobigny, Créteil and Nanterre cannot open a secondary office within the jurisdiction of one of these courts. of high authority other than that of the bar to which they belong.

 

Article 9

 The lawyer regularly appointed by the President of the Assize Court or the President of the Assize Court may not refuse his ministry without having his reasons for excuse or impediment approved by the President or the President.

 

 

Article 10
Modified by Law n ° 91-647 of July 10, 1991 art. 72 (JORF July 13, 1991 in force January 1, 1992).

 The pricing of the application and the procedural documents is governed by the provisions on civil procedure. The fees for consultation, assistance, advice, drafting of legal acts under private signature and advocacy are set in agreement with the client.

 

In the absence of an agreement between the lawyer and his client, the fee is set according to custom, depending on the client’s financial situation, the difficulty of the case, the costs incurred by the lawyer, his notoriety and its due diligence.

 

Any fixing of fees, which would only be based on the judicial result, is prohibited. An agreement is lawful which, in addition to the remuneration for the services provided, provides for the setting of an additional fee depending on the result obtained or the service provided.

 

Chapter II: Organization and administration of the profession.

Article 11
Modified by Law n ° 93-1420 of December 31, 1993 art. 6 (JORF January 1, 1994).

 No one can access the profession of lawyer if he does not meet the following conditions:

1 ° Be French, a national of a Member State of the European Communities or party to the Agreement on the European Economic Area, or a national of a State or of a territorial unit not belonging to these Communities or to this Area which grants French people the ability to exercise under the same conditions the professional activity that the interested party himself proposes to exercise in France, subject to the decisions of the Council of the European Communities relating to the association of countries and overseas territories to the European Economic Community or have the status of refugee or stateless person recognized by the French Office for the Protection of Refugees and Stateless Persons;

 

2 ° Be the holder, subject to the regulatory provisions adopted for the application of EEC directive n ° 89-48 of the Council of the European Communities of December 21, 1988, and those concerning persons having exercised certain functions or activities in France, of ” at least a master’s degree in law or of titles or diplomas recognized as equivalent for the exercise of the profession by joint order of the Keeper of the Seals, Minister of Justice, and the Minister in charge of universities;

 

3 ° Hold a certificate of aptitude for the profession of lawyer, subject to the regulatory provisions mentioned in 2 °, or, in the context of reciprocity, the examination provided for in the last paragraph of this article;

 

4 ° Not having been the author of facts which gave rise to a criminal conviction for acts contrary to honor, probity or good morals;

 

5 ° Not having been the author of facts of the same nature which gave rise to a disciplinary or administrative sanction of dismissal, striking off, revocation, withdrawal of approval or authorization;

 

6 ° Not to have been struck by personal bankruptcy or other sanction pursuant to Title VI of Law No. 85-98 of January 25, 1985 relating to the judicial reorganization and liquidation of companies or, in the regime prior to this law, in application of title II of law n ° 67-563 of July 13, 1967 on judicial settlement, liquidation of assets, personal bankruptcy and bankruptcy.

 

Holders of the law degree who obtained this diploma under the regime prior to that set by Decree No. 54-343 of March 27, 1954 relating to the new system of studies and examinations for the law degree are considered, for the application of this law, as holders of a master’s degree in law. The same is true for law graduates who have obtained this title when the license has been organized over four years.

 

A lawyer who is a national of a State or of a territorial unit not belonging to the European Communities or the European Economic Area, if he does not hold a certificate of aptitude for the profession of lawyer, must to undergo, to be able to register with a French bar, the tests of an examination of control of knowledge in French law according to the methods fixed by decree in Council of State. The same applies to a national of a Member State of the European Communities or party to the Agreement on the European Economic Area who has acquired the status of lawyer in a State or a territorial unit not belonging to these Communities or this Economic Area.

 

 

Article 12
Modified by Law n ° 2004-130 of February 11, 2004 art. 15 (JORF February 12, 2004).

 

Subject to the last paragraph of Article 11, the regulatory provisions adopted for the application of the aforementioned Directive 89/48 / EEC of the Council of the European Communities of 21 December 1988 and those relating to persons who have certain qualifications or who have exercised certain activities, the professional training required for the exercise of the legal profession is subject to passing an entrance examination to a regional vocational training center and includes theoretical and practical training lasting at least eighteen months, sanctioned by the certificate of aptitude for the profession of lawyer.

This training can be delivered under the apprenticeship contract provided for in Title I of Book I of the Labor Code.

 

 

 

Article 12-1
Modified by Law n ° 2004-130 of February 11, 2004 art. 16 (JORF February 12, 2004).

 

Subject to the derogations provided for by regulation for the application of the aforementioned EEC directive n ° 89-48 of 21 December 1988 and those concerning persons justifying certain titles or diplomas or having exercised certain activities, the specialization is acquired by a continuous professional practice of a duration, fixed by decree of the Council of State, which cannot be less than two years, sanctioned by a knowledge test, and attested by a certificate issued by a regional vocational training center.

 

Doctors of law have direct access to the theoretical and practical training provided for in Article 12, without having to undergo the examination for access to the regional center for professional training of lawyers.

 

Article 12-2
Created by Law n ° 2004-130 of February 11, 2004 art. 17 (JORF February 12, 2004).

 The person admitted to the training is bound by professional secrecy for all the facts and acts that he has to know during his training and the internships he performs with professionals, courts and various organizations.

 

When during her training in the center, she completes a training course in jurisdiction, she can attend the deliberations.

 

Upon admission to training, she must, upon presentation of the chairman of the board of directors of the regional vocational training center, take an oath before the court of appeal in whose jurisdiction the center has its seat, in these terms: ” I swear to keep the secret of all the facts and acts of which I will have knowledge during training or internship. “

 

 

Article 13
Modified by Law n ° 2004-130 of February 11, 2004 art. 18 (JORF February 12, 2004).

 Training is provided by regional vocational training centers.

 

The regional vocational training center is a public utility establishment with legal personality. Its functioning is ensured by the profession of lawyer, with the assistance of magistrates and universities and, if necessary, of any other qualified person or body.

 

The board of directors of the regional vocational training center is responsible for the administration and management of the center. It adopts the budget as well as the balance sheet and the income statement of operations for the previous year.

 

The regional vocational training center is responsible, in accordance with the missions and prerogatives of the National Bar Council:

 

1 ° To organize the preparation for the certificate of aptitude for the profession of lawyer;

 

2 ° To rule on requests for exemption from part of professional training on the basis of the university degrees obtained by the interested parties, subject to the regulatory provisions adopted for the application of Directive 89/48 / EEC of the Council of the European Communities of December 21, 1988, cited above;

 

3 ° To provide basic general training for lawyers and, where applicable, in conjunction with universities, public or private education or training organizations or courts, their additional training;

 

4 ° To enter into the agreements mentioned in Article L. 116-2 of the Labor Code;

 

5 ° To control the conditions of the training courses carried out by the people admitted to the training;

 

6 ° To ensure the continuing education of lawyers;

 

7 ° To organize the control of knowledge provided for in the first paragraph of article 12-1 and to issue the certificates of specialization.

 

 

Article 13-1
Created by Law n ° 2004-130 of February 11, 2004 art. 19 (JORF February 12, 2004).

 The Keeper of the Seals, Minister of Justice, decides, on a proposal from the National Bar Council, on the seat and jurisdiction of each regional vocational training center.

 

The same forms can be grouped together after consultation with the centers concerned by the National Bar Council. The movable and immovable property of the regional vocational training centers called upon to regroup are transferred to the center resulting from the regrouping. In this case, the provisions of article 1039 of the general tax code apply, subject to the publication of a decree in the Council of State authorizing the transfer of these goods.

 

The regional center may, after obtaining the assent of the National Bar Council, create a local section in towns with training and legal research units. 

 

Article 14
Modified by Law n ° 2004-130 of February 11, 2004 art. 20 (JORF February 12, 2004).

 Appeals against decisions concerning vocational training are submitted to the competent court of appeal.

 

 

Article 14-1
Created by Law n ° 2001-1275 of December 28, 2001 art. 153 I Finances for 2002 (JORF December 29, 2001).

 

Funding for regional vocational training centers is provided in particular by:

 

1 ° A contribution from the legal profession.

 

The National Bar Council fixes this contribution annually for the coming year, depending on the funding needs of the centers for the current year and the foreseeable evolution of the number of beneficiaries of the training. This contribution, which cannot exceed 11 million euros for 2002, cannot increase each year by more than 10% compared to the previous year.

 

The participation of each order, financed in whole or in part by financial products of the funds, bills or securities mentioned in 9 ° of article 53, is determined by the National Bar Council, in proportion to the number of lawyers registered on the roll. . The expenses borne by the order for the benefit of the regional training center are deducted from this participation.

 

In the absence of payment of this participation within a period of one month from a formal notice to pay, the National Bar Council issues, against the debtor order, an enforceable title constituting a decision to which the effects of a judgment within the meaning of 6 ° of article 3 of law n ° 91-650 of July 9, 1991 reforming civil enforcement procedures are attached;

 

2 ° A contribution from the State, in accordance with the provisions of Law No. 71-575 of July 16, 1971 cited above;

 

3 ° Where applicable, registration fees.

 

The National Bar Council collects these contributions and distributes them among the regional vocational training centers.

 

The conditions of application of this article, and in particular those relating to registration fees and the deductibility of expenses mentioned in the fourth paragraph, are determined by decree.

 

Article 14-2
Created by Law n ° 2004-130 of February 11, 2004 art. 21 (JORF February 12, 2004).

 Continuing education is compulsory for lawyers registered on the roll of the order.

 

A Council of State decree determines the nature and duration of the activities likely to be validated under the continuing training obligation. The National Bar Council determines the modalities according to which it is carried out.

 

 

Article 15
Modified by Law n ° 2004-130 of February 11, 2004 art. 22 (JORF February 12, 2004).

 Lawyers are members of bars which are established in the high courts, in accordance with the rules set by the decrees provided for in article 53. These decrees give the bars the option of regrouping.

 

Each bar is administered by a council of the order elected for three years, by secret ballot, by all the lawyers registered on the roll of this bar and by the honorary lawyers of the said bar. The council of the order is renewable by thirds each year. It is chaired by a president elected for two under the same conditions.

 

Elections can be referred to the Court of Appeal by all members of the bar with the right to vote and by the Attorney General.

 

Article 16

 In bars where the number of lawyers entered on the roll is less than eight and who have not used the option of regrouping provided for in article 15, the functions of the council of the order are fulfilled by the tribunal de grande instance.

 

 

Article 17
Modified by Law n ° 2004-130 of February 11, 2004 art. 23 (JORF February 12, 2004).

 

The role of the Bar Council is to deal with all questions concerning the exercise of the profession and to ensure that the duties of lawyers are observed and their rights are protected. Without prejudice to the provisions of article 21-1, its tasks include:

 

1 ° To stop and, if necessary, to modify the provisions of the internal regulations, to rule on the entry in the list of lawyers, on the omission of this table decided ex officio or at the request of the prosecutor general, on the registration and rank of lawyers who, having already been registered and having abandoned the practice of the profession, present themselves again to resume it as well as on the authorization to open secondary offices or the withdrawal of this authorization.

 

When a bar includes at least five hundred lawyers with the right to vote mentioned in the second paragraph of article 15, the council of the order may sit, in order to rule, either on the registration on the roll of the bar or on the omission of the table, either on the authorization to open secondary offices or the withdrawal of this authorization, in one or more formations of five members, chaired by the chairman or a former chairman. The members who make up these formations can be members of the council of the order or former members of the council of the order who left their functions for less than eight years. These members are chosen from a list drawn up each year by the council of the order.

 

The restricted formation may refer the examination of the case to the plenary formation;

 

2 ° To contribute to the discipline under the conditions provided for by articles 22 to 25 of this law and by the decrees referred to in article 53;

 

3 ° To maintain the principles of probity, disinterestedness, moderation and confraternity on which the profession is based and to exercise the surveillance which the honor and the interest of its members make necessary;

 

4 ° To ensure that lawyers are accurate at hearings and behave as loyal auxiliaries of justice;

 

5 ° To deal with any question concerning the exercise of the profession, the defense of the rights of lawyers and the strict observance of their duties;

 

6 ° To manage the property of the order, to prepare the budget, to fix the amount of the contributions of the lawyers under this council of the order as well as those of the lawyers who, belonging to another bar, have been authorized to to open one or more secondary offices within its jurisdiction, to administer and use its resources to ensure any relief, allowances or advantages granted to its members or former members, to their surviving spouses or to their children within the framework of the legislation existing, to distribute the charges among its members and to continue to recover them;

 

7 ° To authorize the Bâtonnier to take legal action, to accept all donations and bequests made to order, to compromise or to compromise, to grant all alienations or mortgages and to contract all loans;

 

8 ° To organize the general research and documentation services necessary for the exercise of the profession;

 

9 ° To verify the keeping of the accounts of lawyers, natural or legal persons, and the constitution of the guarantees imposed by article 27 and by the decrees referred to in article 53;

 

10 ° To ensure within its jurisdiction the execution of decisions taken by the National Bar Council.

11 ° To ensure that the lawyers have satisfied the obligation of continuous training provided for in article 14-2.

 

The collaboration or employment contracts concluded by the lawyers are communicated to the council of the order which may, under conditions set by decree in the Council of State, give notice to the lawyers to modify the contracts whose stipulations would be contrary to the provisions. of article 7.

 

Article 18

 Bar associations implement, by joint deliberation and within the framework of legislative and regulatory provisions, the appropriate means to resolve problems of common interest, such as: IT, professional training, representation of the profession, warranty regime.

 

 

Article 19

 Any deliberation or decision of the council of the order foreign to the attributions of this council or contrary to the legislative or regulatory provisions is annulled by the court of appeal, on the requisitions of the public prosecutor.

 

Can also be referred to the court of appeal, at the request of the interested party, the deliberations or decisions of the council of the order likely to damage the professional interests of a lawyer.

 

 

Article 20
Modified by Law n ° 2004-130 of February 11, 2004 art. 24 (JORF February 12, 2004).

 

The decisions of the council of the order relating to the entry on the roll, to the omission or refusal of omission from the roll, and to the authorization to open secondary offices or to the closing of such offices, may be referred to the court of appeal by the public prosecutor or by the person concerned.

 

 

Article 21

 Each bar has legal personality.

The president represents the bar in all acts of civil life. He prevents or reconciles professional disputes between members of the bar and investigates any complaint formulated by third parties.

 

 

Article 21-1
Modified by Law n ° 2004-130 of February 11, 2004 art. 25 (JORF February 12, 2004).

 The National Bar Council, a public utility establishment with legal personality, is responsible for representing the legal profession, in particular to the public authorities. In compliance with the legislative and regulatory provisions in force, the National Bar Council unifies the rules and practices of the legal profession by means of general provisions.

 

The National Bar Council is also responsible for defining the principles for organizing training and harmonizing its programs. It coordinates and controls the training actions of regional vocational training centers and exercises the attributions assigned to it in article 14-1 in terms of financing vocational training. It determines the general conditions for obtaining specialization mentions.

 

It is also responsible for drawing up the list of people likely to benefit from the aforementioned EEC directive n ° 89-48 of the Council of the European Communities of 21 December 1988 and that of the candidates admitted to undergo the tests of the control examination of knowledge provided for in the last paragraph of Article 11.

 

When the National Bar Council sits in matters of professional training, judges and members of higher education are attached to it.

 

 

Article 21-2
Created by Law n ° 95-1349 of December 30, 1995 art. 2 (JORF December 31, 1995).

 The National Bar Council is made up of lawyers elected by direct suffrage by two colleges:

 

– the ordinal college, made up of the chairmen and members of the councils of the order;

 

– the general college, made up of all the lawyers having the right to vote mentioned in the second paragraph of article 15.

 

Each college elects half of the members of the National Bar Council.

 

The election in each college takes place on the basis of one or more constituencies.

 

In the event of more than one constituency, the distribution of seats to be filled between the constituencies is proportional to the number of lawyers registered in each of them.

 

Chapter III: Discipline.

Article 22
Modified by Law n ° 2004-130 of February 11, 2004 art. 28 (JORF February 12, 2004).

 

A disciplinary council set up within the jurisdiction of each court of appeal hears offenses and faults committed by lawyers under the bars established there.

 

However, the Council of the Order of the Bar of Paris, sitting as a disciplinary council, hears offenses and faults committed by the lawyers who are registered there.

 

The disciplinary body competent in application of the preceding paragraphs also hears offenses and faults committed by a former lawyer, since at the material time he was entered on the roll or on the list of honorary lawyers of one of the bars established within the jurisdiction of the disciplinary body.

 

Article 22-1
Created by Law n ° 2004-130 of February 11, 2004 art. 29 (JORF February 12, 2004).

 

The disciplinary council mentioned in the first paragraph of article 22 is composed of representatives of the councils of the order within the jurisdiction of the court of appeal. No council of the order can appoint more than half of the members of the disciplinary council and each council of the order appoints at least one representative. Alternate members are appointed under the same conditions.

 

The former chairman of the bar, members of the councils of the order other than the chairman in office and former members of the councils of the order who have left office for less than eight years may be appointed.

 

The disciplinary council elects its president.

 

The deliberations of the councils of the order taken in application of the first paragraph and the election of the chairman of the disciplinary council may be referred to the court of appeal.

 

The disciplinary council sits in a formation of at least five members deliberating in odd numbers. It can constitute several formations, when the number of lawyers in the jurisdiction of the court of appeal exceeds five hundred.

 

The restricted formation can refer the examination of the case to the plenary formation.

 

A decree in the Council of State sets the conditions for the application of this article.

 

 

Article 22-2
Created by Law n ° 2004-130 of February 11, 2004 art. 30 (JORF February 12, 2004).

 

The Council of the Order of the Paris Bar, sitting as a disciplinary council, may constitute several formations of at least five members, deliberating in odd numbers and chaired by a former president or, failing that, by the oldest member in the order of board. The members who make up these disciplinary units may be members of the order council other than the current president or former members of the order council who have left their post for less than eight years. The president and the members of each formation, as well as their substitutes, are appointed by deliberation of the council of the order.

 

The restricted formation can refer the examination of the case to the plenary formation.

 

 

Article 23
Modified by Law n ° 2004-130 of February 11, 2004 art. 31 (JORF February 12, 2004).

 

The disciplinary body competent in application of Article 22 is referred to by the Attorney General at the Court of Appeal in whose jurisdiction it is established or by the President of the Bar to whom the accused lawyer reports.

 

Cannot sit within the formation of judgment the former President of the Bar who, by virtue of his previous functions, initiated disciplinary proceedings.

 

The disciplinary body decides by reasoned decision, after contradictory instruction. The council of the order to which the prosecuted lawyer belongs appoints one of its members to carry out the contradictory investigation of the case. The latter, if he is a full or alternate member of the disciplinary body, cannot sit on the trial formation convened for the same case.

 

His decision may be referred to the Court of Appeal by the lawyer concerned, the President of the Bar to whom he reports or the Attorney General.

 

 

Article 24
Modified by Law n ° 2004-130 of February 11, 2004 art. 32 I (JORF February 12, 2004).

 

When urgency or the protection of the public so require, the Bar Council may, at the request of the Attorney General or the President of the Bar, temporarily suspend from his duties the lawyer who reports to him when the latter is the subject of a complaint. ” criminal or disciplinary proceedings. This measure cannot exceed a period of four months, renewable.

 

Members of the order council, full or alternate members of the disciplinary council or of the disciplinary body referred to in article 22-2, may not sit on the board of the order or of the aforementioned disciplinary body when they rule in accordance with this article.

 

The Bar Council may, under the same conditions, or at the request of the person concerned, put an end to this suspension, except in the case where the measure has been ordered by the court of appeal which remains competent.

 

The provisional suspension automatically ceases as soon as the criminal and disciplinary actions are terminated.

 

Decisions taken in application of this article may be referred to the court of appeal by the lawyer concerned, the chairman to whom he reports or the public prosecutor.

 

Article 25
Modified by Law n ° 2004-130 of February 11, 2004 art. 33 (JORF February 12, 2004).

 

Any court which considers that a lawyer has committed at the hearing a breach of the obligations imposed on him by his oath, can seize the public prosecutor in order to prosecute this lawyer before the disciplinary body to which he falls.

 

The public prosecutor can seize the disciplinary body which must rule within the period of fifteen days as from the referral. Failing to rule within this period, the disciplinary body is deemed to have rejected the request and the Attorney General may appeal. The Court of Appeal can only pronounce a disciplinary sanction after having invited the President of the Bar or his representative to formulate his observations.

 

When the breach has been committed before a jurisdiction in mainland France and it is necessary to seize a disciplinary body located in an overseas department or territory or in Mayotte, the period provided for in the previous paragraph is increased. of a month.

 

The same applies when the breach has been committed before a court located in an overseas department or territory, or in Mayotte, and there is reason to seize a disciplinary body located in mainland France.

 

 

Article 25-1
Created by Law n ° 82-506 of June 15, 1982 art. 3 (JORF June 16, 1982).

 

In the event of breach of the obligations or violation of the rules arising from the provisions on procedure, lawyers incur the penalties laid down by said provisions. 

Chapter IV: Professional liability and guarantee.

Article 26

 

Civil liability proceedings against lawyers follow the ordinary rules of procedure.

 

 

Article 27
Modified by Law n ° 90-1259 of December 31, 1990 art. 18, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

It must be justified, either by the bar, or collectively or personally by the lawyers, or both by the bar and by the lawyers, of an insurance guaranteeing the professional civil liability of each lawyer member of the bar, due to negligence and faults committed in the exercise of their functions.

 

It must also be justified by insurance for the benefit of which it will belong, taken out by the bar or a guarantee allocated to the reimbursement of funds, bills or securities received.

 

The President of the Bar informs the Attorney General of the guarantees provided.

 

The responsibilities inherent in the activities referred to in the second paragraph of Article 6 and in Article 6a are borne exclusively by the lawyers who exercise them; they must be the subject of special insurances which are taken out individually or collectively, under the conditions fixed by the law of July 13, 1930 relating to the insurance contract.

 

Chapter V: Compensation.

Article 28
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

 

Article 29
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

 

Article 30
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

 

Article 31
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

 

Article 32
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

 

Article 33
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

 

Article 34
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

 

Article 35
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

 

Article 36
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

 

Article 37
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

 

Article 38
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

Article 39
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

Article 40
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

Article 41
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

Article 41a
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

Chapter VI: Transitional and miscellaneous provisions.

Article 42
Modified by Law n ° 90-1259 of December 31, 1990 art. 19, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 Members of the new legal profession, with the exception of salaried lawyers who, before the date of entry into force of Title I of Law No. 90-1259 of December 31, 1990 reforming certain judicial and legal professions , exercised as employees the profession of legal advice, and corporate officers who came under the employee regime, are automatically affiliated to the French National Bar Fund provided for in Article L. 723-1 of the Security Code social.

 

A Council of State decree provides for the conditions under which, after consultation with the supplementary pension funds, the contractual financial consequences of the provisions of the previous paragraph may be compensated among themselves.

 

 

Article 43

The obligations of the old-age allowance fund for ministerial officers, public officers and judicial companies under the basic scheme and the supplementary scheme are borne by the national fund of French bars, under conditions set by decree, in as regards the persons exercising on the date of entry into force of this law or having exercised before this date the profession of attorney near the high courts or the profession of accredited by the commercial courts, as well as their assigns.

 

 

Article 44

The national fund of French bars is substituted for the departmental and regional chambers of attorneys of great authority and the regional chambers of approved persons having subscribed to agreements with insurance companies establishing supplementary pension schemes; it is authorized to enter into all agreements aimed at organizing such schemes for the whole of the new profession.

 

 

Article 45

 

In the alternative, the fund guarantees the payment of the sums necessary to maintain the rights acquired on the date of entry into force of this law. If the implementation of this one results in a reduction in the number of contributors to the scheme referred to in the previous article leading to a reduction in these rights, this guarantee is exercised either by the assumption of an additional contribution. , either by the redemption of annuity units, or by the constitution of life annuities.

 

 

Article 46
Modified by Law n ° 90-1259 of December 31, 1990 art. 20, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

Until the conclusion of a new collective labor agreement specific to the legal profession and at the latest until December 31, 1992, relations between lawyers and their staff are governed in accordance with the provisions of the following paragraphs.

 

The relations of former lawyers and former legal counsel, who have become lawyers, with their staff remain governed by the collective agreement and its amendments which were applicable to them before the date of entry into force of Title I of Law No. 90-1259 of December 31, 1990 reforming certain judicial and legal professions, including employment contracts concluded after that date.

 

In the event of a regrouping of former lawyers or former legal advisers within an association or a company, or of a merger of companies or associations, the salaried personnel benefit from the most favorable collective agreement. The employees affected by this merger or merger keep the individual benefits they acquired on the date of the merger or merger, either on a personal basis or in application of the collective agreement to which they were subject.

 

The collective agreement for lawyers and its amendments are applicable to all the staff of any lawyer registered with a bar after the date of entry into force of Title I of Law No. 90-1259 of December 31, 1990 reforming certain judicial and legal professions whose situation is not governed by the provisions of the preceding paragraphs, regardless of the mode of exercise of the profession of lawyer.

 

In the absence of the conclusion of a new collective labor agreement at the end of the period determined in the first paragraph, relations between lawyers and their staff are governed by the collective agreement for lawyers and its amendments.

 

 

Article 46-1
Created by Law n ° 90-1259 of December 31, 1990 art. 21, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 From the date of entry into force of Title I of Law No. 90-1259 of December 31, 1990 reforming certain judicial and legal professions, salaried staff who are not lawyers in the new legal profession fall under the pension fund for staff of lawyers and solicitors at the courts of appeal. 

 

Article 47

 In the proceedings underway on September 16, 1972, the lawyer previously constituted, if he became a lawyer, will retain as such, in the rest of the procedure and until judgment on the merits, the powers that were initially to him. vested. Likewise, the lawyer chosen by the party will have the sole right to plead.

 

The whole subject to resignation, death or radiation of one, or else of agreement between them, or of contrary decision of the interested party. 

 

Article 48
Modified by Law n ° 90-1259 of December 31, 1990 art. 22, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

The temporary prohibition of exercise pronounced against a lawyer or an authorized representative at a commercial court as well as the disciplinary penalties pronounced on the day of the entry into force of this law against a lawyer, a lawyer or an approved, continue to produce their effects. The same applies to disciplinary sanctions pronounced against a lawyer or a legal advisor before the date of entry into force of Title I of Law No. 90-1259 of December 31, 1990 reforming certain judicial and legal professions or after that date, in application of this article, whatever the regulated profession to which he accedes in application of this law.

 

The powers of the first degree disciplinary courts abolished by this law are extended for the purpose of ruling on proceedings pending before them on the date of the entry into force of this law, as well as on all professional facts prior to the latter. dated.

 

The disciplinary powers of the first degree courts are extended for the purpose of ruling on proceedings concerning legal advice pending before them before the date of entry into force of Title I of Law No. 90-1259 of December 31, 1990 on reform of certain judicial and legal professions, as well as on all professional facts prior to that date.

 

These courts are also competent to rule on appeals against decisions of regional commissions ruling on honorary requests for legal advisers who have given up entering the new profession.

 

The Court of Appeal and the Court of Cassation remain seized of the disciplinary proceedings pending before them.

 

Article 49
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

Article 50
Modified by Law n ° 2004-130 of February 11, 2004 art. 77 (JORF February 12, 2004).

 

I. – Persons who, on the date of entry into force of Title I of the aforementioned Law No. 90-1259 of December 31, 1990, will have completed the entire duration of the internship necessary for registration on a list legal advice is provided, by way of derogation from the fourth paragraph (3 °) of Article 11 and Article 12, from the certificate of aptitude for the profession of lawyer and from the training period required before the entry into force of the title II of Law No. 2004-130 of February 11, 2004 reforming the status of certain judicial or legal professions, judicial experts, industrial property advisers and experts in public auctions.

 

II. – Former legal advisers authorized before January 1, 1992 to use a mention of one or more specializations retain the benefit of this authorization without having to apply for the specialization certificate. Specialization certificates created in application of article 12-1 and equivalent to those previously held are issued to them as of right.

 

III. – The former legal advisers who exercise the profession of lawyer and who, before the date of entry into force of Title I of the aforementioned Law No. 90-1259 of December 31, 1990, also exercised the activities of statutory auditors are authorized, by way of derogation, to continue these latter activities; however, they may not exercise either cumulatively or successively for the same company or for the same group of companies the functions of lawyer and the mandate of auditor.

 

IV. – People undergoing vocational training on the date of entry into force of Title II of the aforementioned Law No. 2004-130 of 11 February 2004 continue their training in accordance with the terms in force before that date. However, holders of the certificate of aptitude for the profession of lawyer who have not started or completed their internship within two years from the date of entry into force of Title II of Law No. 2004-130 of February 11, 2004 mentioned above are exempt at the end of this two-year period. Those who remain on the internship list retain the right to participate in the election of the Bar Council and the President of the Bar.

 

In the event of failure at the last session of the examination of aptitude for the profession of lawyer organized before the date of entry into force of Title II of the aforementioned Law No. 2004-130 of 11 February 2004, the persons who wish to resume their training or, in the event of a second failure, who are authorized to do so by deliberation of the board of directors of the regional vocational training center, are subject to the provisions which entered into force on that date.

 

V. – Chapter III in its wording resulting from the aforementioned law n ° 2004-130 of February 11, 2004 is applicable to former lawyers who were registered on the internship list at the time of the facts referred to in article 22.

 

Article 51
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

Article 52

 

Coordination will be organized between the pension plans to which the clerics, secretaries and employees of attorneys, approved and attorneys belonged and the plans to which they come or may come under due to their new profession or their new job. The organization fund for the new legal profession guarantees the payment of the sums necessary to maintain rights acquired or in the process of being acquired on the date of entry into force of this law, including with regard to the plans supplementary pensions.

 

 

Article 53
Modified by Law n ° 2004-130 of February 11, 2004 art. 26 (JORF February 12, 2004).

 

In respect of the independence of the lawyer, the autonomy of the councils of the order and the liberal nature of the profession, decrees in the Council of State set the conditions for the application of this title.

 

They present in particular:

 

1 ° The conditions of access to the profession of lawyer as well as the incompatibilities, the conditions of registration on the roll and omission of the roll and the conditions of exercise of the profession in the cases provided for in articles 6 to 8- 1;

 

2 ° The rules of ethics as well as the disciplinary procedure and sanctions;

 

3 ° The rules of professional organization, in particular the composition of the councils of the order and the methods of election, operation, financing and the attributions of the National Bar Council;

 

4 ° The conditions under which the authorization provided for in the fourth paragraph of article 5 will be given;

 

5 ° The conditions relating to the establishment of the collaboration contract or the employment contract provided for in Article 7;

 

6 ° The procedure for settling disputes concerning the payment of lawyers’ fees and expenses;

 

7 ° and 8 ° – Paragraphs deleted.

 

9 ° The conditions of application of article 27 and, in particular, the conditions of the guarantees, the methods of control and the conditions under which the lawyers receive funds, bills or securities on behalf of their clients, deposit them in a fund compulsorily created for this purpose by each bar or jointly by several bars and pay them;

 

10 ° The conditions for issuing a certificate of specialization and the cases and conditions in which a mention of specialization may be added to the denomination of lawyer and the exceptions which may be made thereto;

 

11 ° The modalities of exemption from the diploma and the certificate of aptitude for the profession of lawyer and the conditions under which the equivalences of titles or diplomas mentioned in article 11 will be established, as well as the conditions under which the holding of ‘a university degree in legal or political science may exempt all or part of the professional training or all or part of the conditions required for the issue of a specialization certificate;

 

12 ° The conditions of application of article 50;

 

13 ° The terms of coordination and the conditions under which the guarantee of the organization fund for the new legal profession is exercised, provided for in Article 52;

 

14 ° The composition, the methods of election and the functioning of the boards of directors of the regional vocational training centers;

 

15 ° The measures necessary for the application of EEC directive n ° 77-249 of March 22, 1977 of the Council of the European Communities.

 

 

Title II: Regulation of consultation in legal matters and the drafting of deeds under private signature.
Chapter I: General provisions.

Article 54
Modified by Law n ° 97-308 of April 7, 1997 art. 1 (JORF April 8, 1997).

 

No one may, directly or through an intermediary, on a regular and remunerated basis, give legal advice or draft documents under private signature, for others:

 

1 ° If he does not hold a license in law or if he does not justify, failing that, a legal competence appropriate to the consultation and drafting of legal acts which he is authorized to practice in accordance with Articles 56 to 66.

The persons mentioned in Articles 56, 57 and 58 are deemed to have this legal competence.

For persons exercising a regulated professional activity mentioned in article 59, it results from the texts governing them.

For each of the unregulated activities referred to in Article 60, it results from the authorization given, for the practice of law as an accessory thereto, by an order, taken after the opinion of a committee, which sets the where applicable, the conditions of qualification or legal experience required of persons exercising this activity and wishing to practice law on an ancillary basis to it.

For each of the categories of bodies referred to in Articles 61, 63, 64 and 65, it results from the authorization given, for the practice of law on an ancillary basis, by an order, taken after the opinion of the same commission, which fixes, where applicable, the conditions of qualification or legal experience required of persons practicing law under the authority of these bodies.

The commission mentioned in the two preceding paragraphs delivers its opinion within three months of its referral.

This commission may also issue recommendations on the initial and continuing training of the professional categories concerned.

A decree fixes the composition of the commission, the modalities of its referral and the rules of its functioning.

The approval provided for in this article may not be used for advertising purposes or for presenting the activity concerned;

 

2 ° If he was the author of acts which gave rise to a criminal conviction for acts contrary to honor, probity or good morals;

3 ° If he was the author of acts of the same nature which gave rise to a disciplinary or administrative sanction of dismissal, striking off, revocation, withdrawal of approval or authorization;

4 ° If he has been struck down by personal bankruptcy or other sanction pursuant to Title VI of Law No. 85-98 of 25 January 1985 mentioned above or, in the regime prior to this law, pursuant to Title II of the aforementioned law n ° 67-563 of July 13, 1967;

5 ° If he does not also meet the conditions set out in the following articles of this chapter and if he is not authorized under the said articles and within the limits they provide.

A legal person of which one of the de jure or de facto directors has been the subject of a sanction referred to in this article may be incapacitated from carrying out the activities referred to in the first paragraph by decision of the tribunal de grande instance of its head office, at the request of the public prosecutor.

The commission mentioned in 1 ° is installed at the latest within six months from the promulgation of Law No. 97-308 of April 7, 1997.

The condition of diploma or legal competence provided for in 1 ° is applicable at the expiration of a period of one year from the promulgation of Law No. 97-308 of April 7, 1997.

 

 

Article 55
Modified by Law n ° 92-1336 of December 16, 1992 art. 333 (JORF December 23, 1992 in force March 1, 1994).

 Any person authorized by this chapter to give legal advice or to draft deeds under private signature, for others, in a usual and remunerated manner, must be covered by insurance taken out personally or collectively and guaranteeing the pecuniary consequences of professional civil liability. that it may incur as a result of these activities.

It must also justify a financial guarantee, which can only result from a guarantee commitment made by an insurance company governed by the Insurance Code or by a credit institution authorized for this purpose, specially assigned to the reimbursement of funds, bills or securities received on these occasions.

In addition, it must respect professional secrecy in accordance with the provisions of articles 226-13 and 226-14 of the penal code and refrain from intervening if it has a direct or indirect interest in the object of the service provided.

The obligations provided for in the previous paragraph are also applicable to any person who, as usual and free of charge, gives legal advice or drafts documents under private signature.

 

Article 56
Modified by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 Lawyers at the Council of State and the Court of Cassation, lawyers registered with a French bar, attorneys at the courts of appeal, notaries, bailiffs, auctioneers, judicial administrators and agents – liquidators have concurrently, within the framework of the activities defined by their respective statutes, the right to give legal consultations and to draft deeds under private signature for others.

 

 

Article 57
Modified by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

Persons falling within the scope of the decree of October 29, 1936 relating to the accumulation of pensions, remuneration and functions, in activity or retirement, and under the conditions provided for by said decree, as well as teachers of legal disciplines of private higher education establishments recognized by the State issuing diplomas referred to by the minister responsible for higher education, may give legal advice.

 

 

Article 58
Modified by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

Company lawyers exercising their functions in execution of an employment contract within a company or a group of companies may, in the exercise of these functions and for the exclusive benefit of the company which employs them or any company of the group to which it belongs, provide legal advice and draft deeds under private signature relating to the activity of said companies.

 

 

Article 59
Modified by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

Persons exercising a regulated professional activity may, within the limits authorized by the regulations applicable to them, provide legal advice relating to their main activity and draft deeds under private signature which constitute a direct accessory to the service provided.

 

 

Article 60
Modified by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 Persons exercising an unregulated professional activity for which they can prove a qualification recognized by the State or certified by a public body or an approved professional body may, within the limits of this qualification, give legal advice directly related to their activity. principal and draft deeds under private signature which constitute the necessary accessory to this activity.

 

 

Article 61
Modified by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 Bodies entrusted with a public service mission may, in the exercise of this mission, provide legal advice.

 

 

Article 62
Repealed by Law n ° 97-308 of April 7, 1997 art. 3 (JORF April 8, 1997).

 

Article 63
Modified by Law n ° 97-308 of April 7, 1997 art. 2 (JORF April 8, 1997).

 Associations recognized as being of public utility, or whose mission is recognized as being of public utility in accordance with the local civil code of Alsace-Moselle, foundations recognized as being of public utility, approved consumer associations, approved associations exercising their activity in the fields of the protection of nature and the environment and the improvement of the living environment and housing, associations empowered by law to exercise the rights of the civil party before criminal courts, family associations and unions of family associations governed by the family and social assistance code,mutualist groups governed by the mutual insurance code may provide their members with legal advice relating to questions directly related to their subject.

 

 

Article 64
Modified by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

Trade unions and professional associations governed by the labor code can provide legal advice and draft deeds under private signature for the benefit of persons whose defense of interests is covered by their statutes, on questions directly related to their purpose.

 

 

Article 65
Modified by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

Bodies set up, in whatever legal form whatsoever, between or by professional or inter-professional organizations, as well as federations and confederations of cooperative societies, may give legal consultations and draft acts under private signature for the benefit of these organizations or their members. , on questions directly related to the professional activity in question.

 

 

Article 66
Modified by Law n ° 2004-575 of June 21, 2004 art. 2 VI (JORF 22 June 2004).

 

Media or electronic communication to the public may only offer their readers or listeners legal advice if they are authored by a member of a regulated legal profession.

 

 

Article 66-1
Created by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

This chapter does not preclude the dissemination in legal matters of information and documentary information.

 

 

Article 66-2
Created by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

Anyone who, in violation of the provisions of this chapter, has given consultations or drafted private legal documents for others will be punished by the penalties provided for in article 72.

 

 

Article 66-3
Created by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

 

The bodies responsible for representing the professions referred to in article 56 and the professional organizations representing these professions may exercise the rights granted to the civil party with regard to the offenses provided for in article 66-2.

 

Chapter II: Miscellaneous provisions.

Article 66-4
Created by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 Anyone who canvassing with a view to giving consultations or drafting legal documents shall be punished by the penalties provided for in article 72. Any advertising for the same purposes is subject to compliance with the conditions set by the decree referred to in article 66-6.

 

 

Article 66-5
Modified by Law n ° 2004-130 of February 11, 2004 art. 34 (JORF February 12, 2004).

 

In all matters, whether in the field of advice or defense, consultations sent by a lawyer to his client or intended for him, correspondence exchanged between the client and his lawyer, between the lawyer and his colleagues with the exception for the latter of those marked “official”, the interview notes and, more generally, all the documents in the file are covered by professional secrecy.

 

 

Article 66-6
Created by Law n ° 90-1259 of December 31, 1990 art. 26, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 The terms of application of this title are specified by a decree of the Council of State.

 

Title III: Miscellaneous provisions.

Article 67
Modified by Law n ° 2004-130 of February 11, 2004 art. 35 (JORF February 12, 2004).

 A lawyer who practices in France may precede or follow his name by that of the association, company or group of lawyers to which he belongs.

 

Companies or advisory groups existing on the date of entry into force of Title I of Law No. 90-1259 of December 31, 1990 reforming certain judicial and legal professions may retain their corporate name, even if it does not consist of the name of the partners or former partners, and use it in the event of a merger or split.

 

Lawyers, associations of lawyers or law firms which are affiliated to a multidisciplinary, national or international network, mention their membership in this network. 

 

Article 68
Modified by Law n ° 90-1259 of December 31, 1990 art. 28, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

Lawyers who have taken the oath before the date of entry into force of Title I of Law No. 90-1259 of December 31, 1990 reforming certain judicial and legal professions are exempted from taking it again according to the formula of the article 3.

 

 

Article 69
Repealed by Law n ° 90-1052 of November 26, 1990 art. 48 (JORF November 28, 1990).

 

 

 

Article 70
Repealed by Law n ° 90-1259 of December 31, 1990 art. 34, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

 

Article 71

 

amended the following provisions:
 

 

Article 72
Modified by Ordinance n ° 2000-916 of September 19, 2000 art. 3 (JORF September 22, 2000 in force January 1, 2002).

 

Will be punished with a fine of 4,500 euros and, in the event of a repeat offense, a fine of 9,000 euros and imprisonment for six months or one of these two penalties only, whoever has, not being regularly registered with the bar, exercised one or more of the activities reserved for the ministry of lawyers under the conditions provided for in Article 4, subject to international conventions.

 

 

Article 73
Modified by Law n ° 90-1259 of December 31, 1990 art. 29, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

Any person who, in the name of a professional group constituted in any form whatsoever, uses the word “order”, except in the cases provided for by law, is liable to the penalties provided for in article 72.

 

 

Article 74
Modified by Law n ° 92-1336 of December 16, 1992 art. 334 (JORF December 23, 1992 in force March 1, 1994).

 

Anyone who has made use, without fulfilling the conditions required to bear it, of a title tending to create, in the mind of the public, confusion with the title and the profession regulated by this law will be punished by the penalties incurred for the offense. usurpation of title provided for by article 433-17 of the penal code. The same penalties will be applicable to anyone who has made use of the title of legal advice or an equivalent title which may lead to confusion, subject to the provisions of the fourth and fifth paragraphs of paragraph I of article 1 of this law.

 

 

Article 75
Repealed by Law n ° 90-1259 of December 31, 1990 art. 34, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

Article 76
Modified by Law n ° 90-1259 of December 31, 1990 art. 31, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

All provisions contrary to this law are repealed, and in particular:

 

Articles 24 and 29 of the amended law of 22 Ventôse year XII relating to law schools;

 

Articles 2 and 4 of law n ° 54-390 of April 8, 1954 declaring the nullity of the act known as law n ° 2525 of June 26, 1941 establishing the certificate of aptitude for the profession of lawyer;

 

Ordinance No. 45-2594 of November 2, 1945 relating to the status of approved by commercial courts;

 

Article 39 of the amending finance law n ° 62-873 of July 31, 1962.

 

Ceases to receive application as it concerns lawyers, the law n ° 57-1420 of December 31, 1957 on the recovery of lawyers’ fees.

The following are repealed insofar as they concern attorneys at the high courts:

The law of 27 Ventôse year VIII on the organization of the courts;

Articles 27, 31, 32 of the law of 22 Ventôse year XII relating to law schools;

The law of April 20, 1810 on the organization of the judiciary and the administration of justice;

Articles 3, 4, 5, 6, 7 of the decree of July 2, 1812, amended by the ordinance of February 27, 1822, by the decree of May 29, 1910 and by the law of April 2, 1942, validated by the ordinance of October 9, 1945 on the faculty of pleading recognized to solicitors in civil or correctional matters;

Article 91 of the law of April 28, 1816 on finances;

The decree of June 25, 1878 relating to the pleadings of attorneys before the high courts;

The law of 24 December 1897 relating to the recovery of costs due to notaries, solicitors, bailiffs;

Ordinance No. 45-2591 of 2 November 1945 relating to the status of solicitors;

Ordinance n ° 45-1418 of June 28, 1945 relating to the discipline of certain ministerial officers.

In any legislative provision applicable on the date of entry into force of Title I of Law No. 90-1259 of December 31, 1990 reforming certain judicial and legal professions, the word: “lawyer” is substituted for the words: “counsel legal”. 

(Note – The entry into force of Title I of Law No. 90-1259 of December 31, 1990 was set for January 1, 1992).

 

 

Article 77
Repealed by Law n ° 2004-130 of February 11, 2004 art. 27 (JORF February 12, 2004).

 

 

Article 78
Repealed by Law n ° 90-1259 of December 31, 1990 art. 34, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

 

Article 79
Repealed by Law n ° 90-1259 of December 31, 1990 art. 34, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

Article 80

 

This law will be applicable in the departments of Bas-Rhin, Haut-Rhin and Moselle, with the exception of Chapter V of its Title I, and subject to the maintenance of the rules of civil procedure and local judicial organization. .

 

 

 

 

Article 81
Modified by Ordinance n ° 2005-459 of May 13, 2005 art. 2 (JORF May 14, 2005).

 

Articles 1 (I), 3 to 27, 49, 50 (VII, IX and XII), 53 (1 ° to 12 ° and 14 °), 67, 68, 72, 73 and 74 are applicable to overseas territories -Wed. The same is true for Mayotte, with the exception of 9 ° of article 53, which only applies insofar as it concerns the conditions of application of article 27. of civil procedure to lawyers and counsel for the parties may be exercised in Mayotte by persons approved by the president of the higher court of appeal. The powers devolved in matters of civil procedure to lawyers and counsel for the parties may be exercised in the Wallis and Futuna Islands by agents (1).

 

Articles 1 (III), 2, 22-1, 42 to 48, 50 (I, III), 53 (13 ° and 15 °), 54 are not applicable to the territorial collectivity of Saint-Pierre-et-Miquelon. to 66-6, 71, 76 and 80. The 9 ° of article 53 only applies insofar as it concerns the conditions of application of article 27.

 

However, for the application of article 11, only a French diploma at least equivalent to a master’s degree in law or a French qualification or diploma recognized as equivalent for the exercise of the profession under the conditions set by the order provided for in this article.

 

The last sentence of the last paragraph of article 11 is applicable to Mayotte and the overseas territories only insofar as it concerns French nationals.

In Saint-Pierre-et-Miquelon:

 

– the 2 ° of article 17 is applicable in its wording resulting from the law n ° 93-1415 of December 28, 1993 modifying articles 17, 22 and 50 of the law n ° 71-1130 of December 31, 1971 reforming certain judicial and legal professions and articles 12 and 18 of law n ° 90-1258 of December 31, 1990 relating to the exercise in the form of companies of liberal professions subject to a legislative or regulatory statute or whose title is protected;

 

– Article 22 is applicable in its wording resulting from law n ° 2000-516 of June 15, 2000 strengthening the protection of the presumption of innocence and the rights of victims;

 

– article 23 is applicable in its wording resulting from the aforementioned law n ° 90-1259 of December 31, 1990;

 

– Article 24 is applicable in its drafting prior to Law No. 2004-130 of February 11, 2004 reforming the status of certain judicial or legal professions, judicial experts, industrial property advisers and experts in public auctions .

 

Note: (1) Ordinance 2005-459 2005-05-13 art. 3: This ordinance is applicable to proceedings instituted and enforcement proceedings initiated as of January 1, 2006.

 

 

 

 

Article 81-1
Created by Law n ° 2004-1343 of December 9, 2004 art. 7 (JORF December 10, 2004).

 

Article 14-1 is applicable to Mayotte, New Caledonia, French Polynesia and Wallis and Futuna.

 

 

 

 

Article 82
Modified by Law n ° 90-1259 of December 31, 1990 art. 33, art. 67 (JORF January 5, 1991 in force January 1, 1992).

 

In the departments of Guadeloupe, Guyana, Martinique and Reunion, the offices of attorney near the high courts and the courts of appeal are abolished.

 

Members of the new legal profession will be able to perform acts of representation before the court of appeal in whose jurisdiction the bar to which they belong is located. In this case, the lawyer is remunerated according to the tariff of attorneys at the courts of appeal practicing in metropolitan France.

 

 

Title IV: Provisions relating to the permanent exercise of the profession of lawyer in France by nationals of Member States of the European Community who have acquired their qualification in another Member State.
Chapter I: Provisions relating to permanent practice under the original professional title.

Article 83
Created by Law n ° 2004-130 of February 11, 2004 art. 1, art. 2, art. 3 (JORF February 12, 2004).

 

Any national of one of the Member States of the European Community can practice in France the profession of lawyer on a permanent basis under his original professional title, to the exclusion of any other, if this professional title appears on a fixed list. by decree.

 

In this case, he is subject to the provisions of this law, subject to the provisions of this chapter.

 

 

 

Article 84
Created by Law n ° 2004-130 of February 11, 2004 art. 1, art. 2, art. 4 (JORF February 12, 2004).

 

The lawyer wishing to practice on a permanent basis under his original professional title is registered on a special list of the bar of the bar of his choice. This registration is as of right on production of a certificate issued by the competent authority of the Member State of the European Community with which he is registered, establishing that the said authority recognizes his title.

A lawyer practicing on a permanent basis under his original professional title is part of the bar with which he is registered under the conditions provided for in article 15. He participates in the election of the members of the National Bar Council.

 

Temporary or definitive deprivation of the right to practice the profession in the State where the title was acquired entails the temporary or definitive withdrawal of the right to practice. The Bar Council is competent to take the decision drawing the consequences of that pronounced in the State of origin.

 

 

Article 85
Created by Law n ° 2004-130 of February 11, 2004 art. 1, art. 2, art. 5 (JORF February 12, 2004).

 The original professional title used may only be mentioned in the official language or one of the official languages ​​of the Member State where it was acquired.

The mention of the original professional title is always followed by the indication of the professional organization to which the person concerned belongs or of the court with which he is registered in the Member State where the title was acquired, as well as that of the bar with which he is registered in France. 

 

Article 86
Created by Law n ° 2004-130 of February 11, 2004 art. 1, art. 2, art. 6 (JORF February 12, 2004).

 The lawyer practicing on a permanent basis under his original professional title is required to insure for the risks and in accordance with the rules provided for in Article 27.

He is deemed to meet the obligation provided for in the first subparagraph if he can prove that he has taken out, in accordance with the rules of the Member State where the title was acquired, equivalent insurance and guarantees. In the absence of equivalence duly established by the council of the order, the interested party is required to take out additional insurance or cover.

 

Article 87
Modified by Law n ° 2005-882 of August 2, 2005 art. 73 (JORF August 3, 2005).

A lawyer registered under his original professional title may practice in accordance with the procedures provided for in Articles 7 and 8.

He may also, after having informed the council of the order which registered him, practice within or on behalf of a practice group governed by the law of the Member State where the title was acquired, provided that :

1 ° That more than half of the capital and voting rights be held by persons practicing within or on behalf of the practice group under the title of lawyer or under one of the titles appearing on the list provided for in article 83;

2 ° That the additional capital and voting rights be held by persons exercising the profession of lawyer, under the title of lawyer or under one of the titles appearing on the list provided for in Article 83, or by persons exercising one of the other legal or judicial liberal professions subject to a legislative or regulatory status or whose title is protected;

3 ° That the holders of the powers of direction, administration and control exercise their profession within or on behalf of the group;

4 ° That the use of the name of the group be reserved only for members of the professions mentioned in 1 °.

When the conditions provided for in 1 ° to 4 ° are not fulfilled, the interested party can only exercise in accordance with the procedures provided for in the first paragraph. He may however mention the name of the group within or on behalf of which he practices in the State of origin.

A lawyer registered under his original professional title may, under conditions set by decree of the Council of State, practice in France within or on behalf of a company governed by the law of the Member State where the title is been acquired and having for object the joint exercise of several liberal professions subject to a legislative or regulatory statute or whose title is protected. 

 

Article 88
Created by Law n ° 2004-130 of February 11, 2004 art. 1, art. 2, art. 8 (JORF February 12, 2004).

 Before the initiation of disciplinary proceedings against a lawyer practicing under his original professional title, the President of the Bar shall inform the competent authority of the Member State where the person concerned is registered, which must be enabled to formulate its written observations at this stage and during the course of the disciplinary procedure, if applicable, according to the terms set by decree of the Council of State.

 

When disciplinary proceedings are initiated on the basis of article 25, the period provided for in the second paragraph of said article is increased by one month.

Chapter II: Provisions relating to the access of Community nationals to the profession of lawyer.

Article 89
Created by Law n ° 2004-130 of February 11, 2004 art. 1, art. 9, art. 10 (JORF February 12, 2004).

 A lawyer practicing under his original professional title, who can prove that he has an effective and regular activity in the national territory for a period of at least three years under French law, is, in order to access the profession of lawyer, exempt from the conditions resulting from the provisions adopted for the application of the aforementioned Directive 89/48 / EEC of the Council of the European Communities of 21 December 1988. He justifies this activity to the council of the bar order within which he intends to practice under the title of lawyer.

When the lawyer practicing under his professional title of origin proves an effective and regular activity on the national territory of a duration at least equal to three years, but of a shorter duration under French law, the council of the order assesses the effective and regular nature of the activity carried out as well as the capacity of the interested party to continue it. 

 

Article 90
Created by Law n ° 2004-130 of February 11, 2004 art. 1, art. 9, art. 11 (JORF February 12, 2004).

 During the examination of the request of the interested party, the council of the order ensures the secrecy of the information concerning him.

When the interested party meets the conditions of article 89, the council of the order can refuse his registration only on the basis of the provisions of 4 °, 5 ° and 6 ° of article 11, in the event of incompatibility or for another reason based on an offense against public order.

It is entered on the roll after the person concerned has taken the oath provided for in Article 3.

The lawyer entered on the roll of the order in application of the provisions of this chapter may follow his lawyer title with his original professional title, under the conditions provided for in the first paragraph of article 85. 

Chapter III: Miscellaneous provisions.

Article 91
Created by Law n ° 2004-130 of February 11, 2004 art. 1, art. 12, art. 13 (JORF February 12, 2004).

 The exercise of the profession of lawyer by a lawyer who is a national of a Member State of the European Community other than France is exclusive of any participation, even on an occasional basis, in the exercise of functions within a court.

 

 

Article 92
Created by Law n ° 2004-130 of February 11, 2004 art. 1, art. 12, art. 14 (JORF February 12, 2004).

 The bars, each as far as it is concerned, collaborate with the competent authorities of the Member States of the European Community and provide them with the assistance necessary to facilitate the permanent exercise of the profession of lawyer in a Member State other than that where the qualification has been acquired.

 

The president of the Republic :GEORGES POMPIDOU.
The Prime Minister,

JACQUES CHABAN-DELMAS.

The Minister of State in charge of the overseas departments and territories,

PIERRE MESSMER.

The Keeper of the Seals, Minister of Justice,

RENE PLEVEN.

The Minister of Economy and Finance,

VALÉRY GISCARD D’ESTAING.

 

 

Preparatory work: Law n ° 71-1130:

National Assembly :

Bill n ° 1836;

Report by Mr Zimmermann, on behalf of the Law Commission (No. 1990);

Discussion on October 12, 13 and 14, 1971,

Adopted October 14, 1971.

Senate:

Bill, adopted by the National Assembly, n ° 10 (1971-1972);

Report by MM. Edouard Le Bellegou and Jacques Piot, on behalf of the Commission des lois, n ° 23 (1971-1972);

Oral opinion of the finance committee;

Discussion on November 16 and 17, 1971;

Adopted on November 17, 1971.

National Assembly :

Bill, modified by the Senate, n ° 2062;

Zimmermann Report, on behalf of the Law Commission (No. 2100);

Discussion December 8 and 9, 1971;

Adopted December 9, 1971.

 

Senate:

 

Bill, amended by the National Assembly, n ° 81 (1971-1972);

 

Report by MM. Le Bellegou and Piot, on behalf of the Commission des lois, n ° 95 (1971-1972);

Discussion and adoption on December 15, 1971.

National Assembly :

Report by Mr Zimmermann, on behalf of the joint committee (no 2182);

Discussion and adoption on December 20, 1971.

 

Senate:

Report by MM. Le Bellegou and Piot, on behalf of the joint committee, n ° 131 (1971-1972);

Discussion and adoption on December 20, 1971.

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