1. Loi No 90-1259 du 31 décembre 1990, modifying the Loi No 71-1130 du 31 déAcembre 1971. The bill (Avant projet dc loi portant réforme des professions judicaires et juridiques) was first published by the Chancellerie in September 1989, and amended in Cabinet in November 1989. The bill was however rejected at its first reading in the Assemblée Nationale during June 1990, but after modification and reintroduction was duly promulgated; it will come into effect on 1 January 1992.

2. In an address to the Paris Bar on 24 November 1989. The Minister of Justice when the bill was promulgated was M Henri Nallet.

3. Writing in the Journal of the Commission Régionale des Conseils Juridiques; Cour d'Appel de Paris, October 1989.

4. Speaking at the opening of the Law Society EC office in Brussels in January 1991.

5. Loi No 71-1130 du 31 décembre 1971, Art 4 (this law, hereinafter ‘Loi 1971’, came into effect on 16 September 1972). The parties may, however, appear on their own behalf. Representation is permitted by a family member in the Tribunaux d'Instance; family member, with colleague or union representative in the Conseils de Prud ‘hommes; person of the parties’ choice who is so empowered (which includes Conseils Juridiques and Huissiers de Justice) in the Tribunaux de Commerce.

6. Ibid. On the reforms see Herzog, ‘The Reform of the Legal Professions and of Legal Aid in France’ [1973] ICLQ 462, and Ancel, ‘Some Recent Reforms in the French Legal Profession’ [1973–4] Juridical Review 209.

7. Although this function may only be exercised in respect of cases before courts within the area of jurisdiction of the local Cour d'Appel.

8. La représentation; ie carrying out the formal procedural steps of a civil action.

9. Known as agréé in the Tribunaux de Commerce, combining the functions of auoué and avocat.

10. The profession of auoué was largely abolished; it now exists only for proceedings before the regional Cours d'Appel.

11. Loi 1971, Art 7.

12. Infra.

13. Loi du 29 juillet 1881.

14. Including the conduct of a case; the ordinary rules of civil liability apply; Loi 1971, Art 26.

15. Ibid, Art 27.

16. Tribunal de Grande Instance, of which there are some 180 throughout France. There is no formal national representative body for avocats, although there is a Conférace des Bâtonniers, the influence of which has been much reduced by the non-participation in recent years of the Barreau de Paris, which consists of some 7,000 avocats.

17. Conseil de l'Ordre; elected for three years in thirds by the avocats of the Barreau.

18. Regulation of matters such as admission to pupillage (stage) and to the roll (tableau) as well as the verification of the accounts of its members; Loi 1971, Art 17.

19. In respect of the commission of any criminal offence or professional negligence, or failure to fulfil the obligations of his professional oath; appeal is to regional Cour d'Appel (ibid, Arts 22–25). It also has the role of maintaining probity, impartiality, moderation and confraternity within the profession (ibid, Art 17(3)).

20. Including the addressing of any issue in defence of the rights of avocats (ibid, Art 17(5)).

21. The regulations must respect the independence of the avocat, the autonomy of the Conseils de l'Ordre and the liberal nature of the profession (ibid, Art 53).

22. There is a separate body of some 60 or so avocats (Avocats aux Conseils) having exclusive rights of audience in the Supreme Courts (Cour de Cassation, and Conseil d'Etat; also before the Tribunal des Conflits). They have their own Order, and are appointed by the Minister of Justice, the office being a charge as with notaires (infra, note 49). They will not be affected by the reforms.

23. As completed by the Décret No 72-670 du 13 juillet 1972 (hereafter ‘Décret 1972’). Regulation was introduced not only in the interests of the consumer, but also to pave the way for the eventual merger with avocats (Herzog, supra, note 6).

24. Procureur de la République.

25. Set out in Décret 1972, Art 47.

26. Actes sous seing privé to be contrasted with the more formal notarial deeds (actes authentiques). See infra.

27. Such as Tribunaux dc Commerce.

28. Others may give legal advice for a fee (eg Trades Unions) as long as they do not hold themselves out to be conseils juridiques; however such advisers are subject to the disciplinary supervision of the Procureur.

29. Loi 1971, Art 54, as completed by Décret 1972, Art 8, amended by Arrété du 5 juin 1981.

30. See Herzog, supra, note 6.

31. At the annual conference of the Carrefur des Quatre Barreaux of Nantes, Düsseldorf, Pisa and Cardiff (the latter represented by delegates from the Cardiff and District Law Society and Cardiff Chambers), held in Pisa,9/ December 1989.

32. Loi 1971, Art 56.

33. Ibid. Specifically excluded (Décret 1972, Art 48) are the functions of estate agent and insurance agent, and that of arranging loans. Nor can a conseil juridique receive a salary from someone other than another conseil juridique (ibid, Art 51), nor be a partner in a commercial firm other than a firm of conseils juridiques (on which see infra).

34. Décret 1972, Art 59.

35. There is also a National Commission of conseils juridiques.

36. Ibid, Art 60.

37. Tribunal de Grande Instance.

38. Ibid, Arts 73, 74; Loi du 31 déAcembre 1971, Art 62.

39. Décret 1972, Arts 75–86.

40. Loi du 25 ventôse an XI (1803). Now regulated by Ordonnance No 45-2590 du 2 nounnbre 1945 and Décret No73-609 du 5 juillet 1973 as amended by Décret No 89-399 du 20 juin 1989.

41. Ordonnance du 2 novembre 1945, Art I.

42. Régime matrimonial.

43. Hypothéque.

44. Acte authentique. Statements made in such a deed are presumed to be true unless disproved by a formal procedure; the notaire will also keep the acte in his custody and issue certified copies.

45. René David, English Law and French Law (1980) chapter 4.

46. Ventes judiciaires.

47. Officiers publics; in the sense that an attestation of a document by a notaire is regarded as that of a public authority, hence the presumption of truth (supra, note 44). They are not however civil servants as such, their fees being paid by their clients.

48. On the recommendation of a commission consisting of judges and notaires, appointed by the Minister of Justice (Décret du 5 juillet 1973, Arts 49–58).

49. The office (charge) of notaire is purchased by the appointee from the retiree. On appointment, he will swear a professional oath before the local Tribunal de Grande Instance.

50. In 1986, there were a total of 7,316 notaires in France.

51. Only those appointed to the office of notaire can enter into partnership.

52. Such as commercial or banking activities. Nor may they be appointed as avocats.

53. Le Conseil Supérieur du Notariat.

54. To the Minister of Justice.

55. There is a Chambre des Notaires in each Département, and a Conseil Régional des Notaires attached to each Cour d'Appel.

56. Training consists of the academic stage (university masters degree in law), followed by professional examinations (which can be taken either at notarial college, or at university), and two years as an articled clerk (notaire stagiaire); up to six months of this period can be spent with a member of a different branch of the legal profession (Décret du 5 juillet 1973, Arts 8–40).

57. Art 78.

58. A view not shared by all Barreaux, although accepted by the unofficial representative body, the Association Nationale des Avocats (reported in Herzog, supra, note 6).

59. The Commission Saint Pierre on the reform of the legal profession in the light of the single market reported on 30 June 1989.

60. Supra, note 2.

61. The same concerns were echoed by Maítre Taupier at the Pisa conference (supra, note 31) when he recognised that the legal profession was poorly prepared for the single market, and needed to reform its practice structures and rules of deontology; however, he said that ‘free market philosophy’ in the profession should not be allowed to reduce fundamental liberties and freedoms; a ‘scrupulous balance’ must be maintained so as to prevent a return to the 'règle sauvage du dix-neuvième siècle.

62. A criticism of Régis Bourderloux, conseil juridigue, addressing a meeting of the Lille Regional Union of conseils juridiques on 9 June 1989.

63. A fear that has been expressed by several senior conseils juridiques; eg Alain Hollande, the President of the Commission Régionale dcs Conseils Juridiques de la Cour d'Appel de Paris, writing in the Commission's Journal of October 1989.

64. A minimum qualification of a degree (licence) in law is required for all legal advisers and drafters; amended Loi 1971, Art 54(1).

65. Amended Loi 1971, Art 55.

66. As well as non-regulated professions whose members are in possession of a state-recognised qualification.

67. Nor did conseils juridigues appear to have greeted their acquisition of audience rights with much enthusiasm; as said Régis Bourderloux (supra, note 62) fusion will not of itself give conseils juridigues the capacities needed to plead effectively before the courts.

68. Supra, note 2.

69. Loi 1971, Art 11(1).

70. Ibid, Art 55. Lawyers from non-member states of the EC have to register as conseils juridiques, and confine their advice to overseas or international law, conditions which do not apply to those from EC member states. Indeed the fact that British solicitors and barristers have been able to operate in Paris, without being enrolled as either advocats or conseils juridigues, not subject to the control of their professional organisations, has been recognised as a growing problem (eg see J-C Woog, ‘L'activitéA de l'avocat et son image aupréGs du public’ (1989) Semaine Juridique, II, 3413. They will become regulated under the reforms.

71. Amended Loi 1971, Art 11.

72. Or is a recognised refugee or a stateless person.

73. By obtaining a Certificat d'Aptitude âG la Profession d'Avocat (CAPA).

74. To be specified in regulations of the Conseil d'Etat.

75. Amended Loi 1971, Art 11.6. This is a development which was criticised by the Chancellor Lord Mackay in his January 1991 Brussels speech (supra note 4) as displaying ‘rather the reverse of the spirit of 1992’.

76. Supra, note 70.

77. Amended Loi 1971, Art 50(viii). Foreign lawyers already enrolled as conseils juridiques, as well as firms of foreign lawyers who have been practising in France since before 1 July 1971 will automatically be entitled to become members of the new profession. Other foreign firms operating in France will be able, within two years, to enrol with the local Barreau if they can show that they have had appropriate experience of legal work and that all of their representatives in France are enrolled with a Barreau.

78. For example, the Bâtonniers of Strasbourg and Bordeaux, reported in Woog (supra, note 70).

79. Such as Woog, ibid.

80. Loi 1971, Art 8, amended by Décret du 13 juillet 1972.

81. Overheads and profits are shared, but each avocat remains personally responsible for his clients.

82. Société Civile Professionelle. The partnership has its own corporate existence, and the clients (and profits) are those of the partnership, not of any individual avocat. However, the partners remain jointly and severally liable. The SCP can only comprise avocats working within the jurisdiction of the same Cour d'Appel. Nor can any SCP be of such a size as to reduce to less than five the number of sole practitioners or partnerships of avocats in any Barreau. The average number of avocats in an ussociation or SCP is 2.7.

83. The avocats share the cost of overheads, but do not pool their income, remaining independent of each other. A contract of collaboration will be entered into. Salaried collaboration is not possible.

84. The partnership deed must contain certain specified provisions, and must be approved by the local Barreau, then lodged with the local Tribunal de Grunde Instance.

85. About 70% of Parisian avocats are sole practitioners (source; Nantes Conference (supra, note 31)). Official figures for 1988 reveal that 52% of all French avocats practiced as sole practitioners. Until 1954, this was the only form of practice permissible.

86. Although the contracts of employment of salaried staff, and the opening of branch offices must be notified (Décret 1972, Arts 67, 69).

87. Décret 1972, Art 25.

88. Loi 1971, Arts 58, 62, 63.

89. Société Civile Professionnelle.

90. In such a case, the assistant may be permitted by contract to retain his own client& and devote part only of his efforts to his employer's firm. Of a total of some 4,800 conseils juridiques currently practising, some 3,000 are salaried.

91. Loi 1971, Arts 62, 63.

92. The detailed regulation of this new form of practice is set out in a second law of 31 December 1990 (No 90–1258) (Loi relatif à l'exercise sous forme de sociétés d'exercise libéral des professions soumises à un statut législatif ou réglmentaire).

93. Also economic interest groups, currently used by such collaborative ventures as Airbus Industries, European economic interest groups (increasingly being employed for collaboration between firms from different EC member states) and joint venture groups (sociétés en participation). Existing practice structures will remain available, although the current corporations of conseils juridiques will have to conform to the new law within five years (Loi 90–1258 du 31 décembre 1990, Art 18).

94. Known as a société d'exercise liberal à responsabilité limitée (SELARL) if a private company, a société d'exercise libéral à forme anonyme (SELAFA) if public (there is a requirement of a minimum of three members), or a société d'exercise libéral en commandite par actions (SELCA) if it takes the form of a société en commandite par actions, a type of public commercial partnership, which has legal personality but in which the executive partners (commandités) have unlimited liability. Such companies and any group practices will be able to include avocats from different Barreaux, but will only be permitted to carry out the preparatory work of cases in areas where they have a partner registered with the local Tribunal de Grande Instance.

95. In accordance with regulations to be introduced by the Conseil d'Etat. Loi 90-1258 du 31 décembre 1990, Art 1(3).

96. Ibid, Art 1(4).

97. Ibid, Art 21.

98. Or even (Maítre Taupier, addressing Pisa conference (supra, note 31)), industrial concerns such as Renault or RhôCne-Poulenc. A survey of avocats (see infra, note 111) revealed strong opposition to allowing non-lawyers to contribute capital, and to multi-disciplinary practices.

99. Supra, note 2.

100. Art 5.

101. Including corporations of liberal professionals.

102. Loi 90–1258 du 31 décembre 1990, Art 6.

103. Ibid, Art 10.

104. Ibid, Art 16.

105. Another change from commercial practice is that litigation in respect of such companies will be dealt with by the ordinary courts, and not, as is usual, by the commercial courts.

106. Amended Loi 1971, Art 7.

107. See supra, note 63. It is worth noting that on the Commission Saint Pierre (supra, note 59) there was only one conseil juridique for seven avocats and two notaires.

108. Supra, note 62.

109. Concern was also expressed about the less advantageous accounting rules and pension regulations of avocats.

110. Conseil National du Barreau; amended Loi 1971, Art 21–1.

111. The creation of a national body has met with the overwhelming approval of avocats (a survey of 115 of the 180 Barreaux was carried out by the Conférence des Bâtionners on the response to the reform bills and published in Gazette du Palais, 24 January 1990, p 7).

112. Master's degree in law.

113. One year spent at a regional Bar School (Centre de Formation Professionnelle; there is one at the seat of each Cour d'Appel; they often work closely with the local university law faculty; indeed a local branch of a Centre can be set up in towns having a university law faculty); an entry examination must be passed. During the course of the year several periods of time are spent with practitioners; the Centres are seeking to encourage trainees to spend time in other European jurisdictions; thus during 1989 four students from Rennes spent two weeks with Cardiff practitioners. Successful completion of the course leads to the award of a Certificat d'Aptitude à la Profession d'Avocat.

114. Stagiaire.

115. Although they must attend 200 hours of professional education classes organised by the Regional Commission of conseils juridiques.

116. To be spent with a conseil juridique, avocat or notaire; no more than one half of the period may be spent (either in France or overseas) with a tax expert, or with a corporation employing at least three lawyers, or with an approved international organisation (Décret 1972, arts 4, 5).

117. Amended Loi 1971, Art 14.

118. Décret No 89-840 du 15 novembre 1989.

119. In this context of the europeanisation of law studies it is perhaps noteworthy that more than a dozen British universities are now offering integrated law and language degrees.

120. For example, in tax, company, or employment law; Décret 1972, Arts 8-18.

121. Or in the case of a partnership, the principal activity of at least one third of the partners.

122. Cour d'Appel de Paris du 6 juillet 1988.

123. Amended Loi 1971, Art 12–2.

124. Ibid, Art 24(ix).

125. Noted by Jacques Boré, La Fonction d'Avocat auprès Cours Suprêmes, Recueil Dalloz (1989) ch 25.

126. The participation of the judiciary in such matters is less appropriate in France, as judges are not drawn from the ranks of avocats, there being a career judiciary.