Comparative Law Spring 2002Professor Susanna FischerCLASS 21FRENCH LEGAL PROFESSION IIFeb. 27, 2002

French Legal Profession

Professor René David has stated: “there is no general concept of a legal profession in France.”Is that true?

Wrap-Up: French Legal Profession

There is no concept of an Einheitsjurist in the French legal profession. Rather, training depends on which branch of the legal profession a student aspires to join

Main legal professions in France

AvocatAvocats aux conseilsNotairesAvouésHuissiers de Justice

A Little Historical Background on Profession of Avocat

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

Wrap-Up: Becoming an Avocat

Masters degree in LawFollowed by Professional Stage – if you pass an entrance exam you study at a regional bar school and if you pass the final exam you obtan the CAPA2 year period of “apprenticeship” as avocat stagiaireAdmission

Bar Association

Avocats must be a member of a local Bar Association (barreau) – 1 per each local Tribunal de Grande InstanceThere is also a National Bar CouncilOf the approximately 33,000 avocats, 13,000 are members of the barreau de Paris.

Becoming an Avocat aux Conseils

Remember: these have a monopoly on right to represent clients before Cour de Cassation and Conseil d’EtatThey hold a public officeThere are about 90 of these avocats aux conseilsHow do you become an avocat aux conseils?

Becoming an Avocat aux Conseils

AppointedMust take an entrance examAlso must do a separate stage

Becoming an Avoué près des Courts d’Appel

Remember: there used to be a separate profession of avoué who were similar to British solicitors, but in 1971 almost all were merged with avocatsBut the separate profession was retained for proceedings before the 30 Cours d’AppelWhy?

Becoming an Avoué près des Courts d’Appel

But the separate profession was retained for proceedings before the 30 Cours d’AppelWhy? Justification is that appellate court proceedings are quite complex.There are about 400 avoués; around 120 of them are womenHow do you become an avoué?

Becoming an Avoué près des Courts d’Appel

How do you become an avoué?Must pass professional examinationsMust complete 2 year period of practical training

Becoming a Judge

Unlike England (or at least in part, the United States), judges are not appointed from the ranks of experienced advocatesDoes this surprise you?

Becoming a Judge

French procedure requires that judges exercise different functions than judges in common law systems with adversarial trials

Career JudiciaryMost judges in regular court system are graduates of the Ecole Nationale de la Magistrature in Bordeaux (ENM)Administrative judges generally graduate from Ecole National D’Administration (based Paris and Strasbourg)Some judges come out of the civil service, or academics, some from ranks of advocatesLay judges

ENM

Open to French nationals who have the University masters degree or, inter alia, 4 years civil service experienceCompetitive extrance exam (concours) or proof of 3 years legal exerience as avocatsWomen comprise 65% of applicants

ENM

31 months training – includes academic study, placement with company/administrative body, and 1 year period spent working at a courtFinal examination. Best results give you more choice of position.

ENA

Created in 1945 to train students for top careers in the administrationOpen to those with law degree or certain experience (e.g. civil service, trade unions)Competitive entrance exam3 year courseHas period of practical trainingFiinal exam

Huissier de Justice

These have a monopoly over certain mainly procedural functions like service of writs and execution of judges (like bailiffs). They also act as court ushers. They may also perform certain fact investigations for the courts.There are around 3500 of them.How do you become a huissier de justice?

Huissier de Justice

How do you become a huissier de justice?Get a masters degree in law, work for 2 years as a stagiaire, and pass professional examinations

Notaire

What is a notaire?How do you become a notaire?

Notaire

They are public officers who draft/give authenticity to certain documents that require formality under the law (such as marriage contracts and real property deeds). You also usually hire a notaire to make a will, or to advise family members on financial mattersThere are about 8,000 notaires

Training to Become a Notaire

Need a maîtrise en droitThen must take professional examinations 2 year practical training as notaire stagiaire