Legal Consultant France
There are no restrictions on the formation of companies (and other legal persons) between French lawyers and lawyers registered in another EU or EEA Member State and in the Swiss Confederation (see Article 87 of Law No. 71-1130 of 31 December 1971). Lawyers and law firms from non-EU countries are not allowed to enter into partnerships with lawyers or to engage French lawyers. The National Bar Council is currently considering an in-depth reform of initial training; First and foremost, training would focus on internships. The extension of training to 18 months raises both the question of the financing of legal vocational training and the related question of equal access to the profession. However, students receive a fee during their legal internships, and this may also apply to their PPIs. There is also a system of grants awarded by the federal government that help students finance their studies. However, these do not cover their costs in full or even in large part. Experts in the organization of the various legal documents required by French banks and notaries, often for a sale or inheritance. Has it made any commitments under the GATS in the area of legal services? For lawyers from the EU, EFTA or Switzerland, the various EU directives on legal services apply (Directive 98/5/EC on the establishment of lawyers, Directive 77/249/EC on legal services). The result of these guidelines is that any lawyer from the EU, EFTA or Switzerland can provide legal assistance in French, foreign and international law and requalify as a French lawyer. Foreign lawyers from outside these countries are more restricted in their field of practice and cannot re-elect themselves.
There is no “limited license” in France. A lawyer of the Union who, after having been registered with a French Bar, practices under his name or under the French name “avocat” may practise freely under French law. The same applies to a foreign lawyer who, after having registered with a French bar, practices under the French title of lawyer. An EU and EEA lawyer (associate member) must register with the local Bar Association to practice permanently under the French name “avocat” (Article 99 of Decree No. 91-1197 of 27 November 1991) or under his domicile under the 1998 Directive. If he works permanently or temporarily under his original professional title, he must use this professional title, comply with the code of conduct for French lawyers and take out adequate professional liability insurance. Foreign lawyers may establish themselves to provide legal services in the law of their home country and in international law. Lawyers from the EEA and Switzerland may also provide services under EU and French law, provided that this is done in cooperation with a member of the French Bar Association. Liliane can also help you with French tax matters, inquiries from/to French government agencies or public services, and all legal correspondence. The routes of access to the profession of lawyer were established by the Law of 31 December 1971, established by the Law of 11 December 1971.
February 2004 and by the implementing decree of 21 December 2004 on the professional training of lawyers. The EU has comprehensive rules on the free movement of lawyers from EEA countries (EU plus Norway, Iceland and Liechtenstein) and Switzerland. These include the Establishment of Lawyers Directive (98/5/EC), the Legal Services Directive (77/249/EC), the Services Framework Directive (2006/123/EC) and the Professional Qualifications Directive (2005/36/EC). Together, these guidelines allow EEA lawyers to freely provide services within the EEA across borders within the EEA, to provide legal services in the host and home country and in international law, and to requalify as a host country lawyer. The applicability of the Establishments Directive to EEA and Swiss lawyers with certain legal qualifications and EEA (or Swiss) nationality is limited. Provisions on trade in services are included in the EU`s free trade agreements with Mexico, Chile, Colombia, Peru, Korea, South Africa and Central America. Of these, only the agreement with Korea contains new liberalisation measures for legal services on the Korean side and does not offer concessions on the EU side beyond the concessions offered to other WTO members. Legal services were also included in the EU`s recent agreement with Canada, in connection with the previous autonomous liberalisation. The other agreements simply contain a commitment by both parties to “progressively liberalize” trade in services.
Negotiations on future free trade agreements, which could include provisions on legal services, are underway: Mercosur, Gulf Cooperation Council, India, Japan, Morocco, Ukraine, Moldova, Georgia, Armenia, Singapore, Malaysia, the United States and Vietnam. The France signed the European Union`s GATS commitment for modes 1 to 3 in the country of origin and in international law, subject to the following restrictions: unbound in mode 1 for drafting legal documents and subject to the restriction that the provision should only be made through the SEL business structure (anonymous, limited liability or limited by shares) or SCP. In an SEL or SCP that provides legal services under French or Community law, at least 75% of the shareholders holding at least 75% of the shares must be admitted to practice as lawyers in France. Depending on the form of establishment, it may also be necessary for majority ownership or control to be held by professionals working in the enterprise. University professors and members of certain legal professions such as judges (Article 97) are exempt from the requirements for diploma, theoretical and practical training, CAPA and traineeship. Legal advisers of companies or trade unions, employees of law firms and certain other members of the judiciary are exempt from theoretical and practical training and CAPA if they can prove that they have at least eight years of professional experience (Article 98). CDAs offer a mandatory twenty-hour preparation course for this exam. Legal legislation is available at: www.legifrance.gouv.fr/affichTexte.do;jsessionid=912B3B9A363C26F7D8F04E7302244A1B.tpdjo08v_2?cidTexte=LEGITEXT000006078311&dateTexte=20120712 Useful information about registering as a lawyer: www.apce.com/cid96134/avocat.html?pid=803 website: france-conduite-et-permis-de-conduire-europeenne.business.site/ Even if a foreign law firm does not need a legal license, it must register in Any form of registration to establish an office? (e.g.
with a Ministry of Corporate Affairs, etc.) The legal forms in which lawyers may practise are defined in article 7 of the Act. Lawyers may be self-employed (Sole proprietorship EI) or work in a lawyers` association (association) in which liability may be limited. They may also work in a “professional civil partnership” (SCP), which is equivalent to a partnership; a “private practice company” (SEL), either as an employee or as a salaried lawyer. Finally, lawyers may be members of an “economic interest grouping” and an “economic interest grouping and European Economic Interest Grouping”), which constitute an instrument for allocating overheads. EU nationals are exempt from practical training and CAPA if they meet certain conditions relating to training and professional experience, but may be required to take an aptitude test in certain situations. Applications should be addressed to the National Bar Council. Applicants must demonstrate that they meet all the requirements to be a fully qualified lawyer in their home country; and, if necessary, they have completed a traineeship in addition to university studies and tests of qualification or professional competence.