Comparative Law Spring 2002 Professor Susanna Fischer

1. Comparative Law Spring 2002Professor Susanna Fischer CLASS 21 FRENCH LEGAL PROFESSION II Feb. 27, 2002

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

3. 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

4. Main legal professions in France • Avocat • Avocats aux conseils • Notaires • Avoués • Huissiers de Justice

5. 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

6. Wrap-Up: Becoming an Avocat • Masters degree in Law • Followed 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 CAPA • 2 year period of “apprenticeship” as avocat stagiaire • Admission

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

8. Becoming an Avocat aux Conseils • Remember: these have a monopoly on right to represent clients before Cour de Cassation and Conseil d’Etat • They hold a public office • There are about 90 of these avocats aux conseils • How do you become an avocat aux conseils?

9. Becoming an Avocat aux Conseils • Appointed • Must take an entrance exam • Also must do a separate stage

10. 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 avocats • But the separate profession was retained for proceedings before the 30 Cours d’Appel • Why?

11. Becoming an Avoué près des Courts d’Appel • But the separate profession was retained for proceedings before the 30 Cours d’Appel • Why? Justification is that appellate court proceedings are quite complex. • There are about 400 avoués; around 120 of them are women • How do you become an avoué?

12. Becoming an Avoué près des Courts d’Appel • How do you become an avoué? • Must pass professional examinations • Must complete 2 year period of practical training

13. Becoming a Judge • Unlike England (or at least in part, the United States), judges are not appointed from the ranks of experienced advocates • Does this surprise you?

14. Becoming a Judge • French procedure requires that judges exercise different functions than judges in common law systems with adversarial trials

15. Career Judiciary • Most 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 advocates • Lay judges

16. ENM • Open to French nationals who have the University masters degree or, inter alia, 4 years civil service experience • Competitive extrance exam (concours) or proof of 3 years legal exerience as avocats • Women comprise 65% of applicants

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

18. ENA • Created in 1945 to train students for top careers in the administration • Open to those with law degree or certain experience (e.g. civil service, trade unions) • Competitive entrance exam • 3 year course • Has period of practical training • Fiinal exam

19. 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?

20. 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

21. Notaire • What is a notaire? • How do you become a notaire?

22. 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 matters • There are about 8,000 notaires

23. Training to Become a Notaire • Need a maîtrise en droit • Then must take professional examinations • 2 year practical training as notaire stagiaire