The form of organization of the lawyer in France
An interesting problem is also the problem of unification of the profession \u0026quot; lawyer , Which in France covers all practitioners in the field of legal aid lawyers (including legal advisers), and subjects them to the same rules of professional activity. Reform in the direction of merging the various branches of the legal profession, a common practice in the profession of lawyer in stages since the 60-ies and completed in 1991.
In connection with the reform of French lawyers were able to choose the form of work organization. Let\u0026#39;s start with the traditional. Some lawyers can work individually, as individuals. It is possible to organize a limited liability company. Added to this is that an attorney in virtue of certain reasons (eg lack of funds to purchase property as an office), may conclude a contract on cooperation with another lawyer or a group of lawyers.
Exemptions from the liberal professions is a permit for employment of another lawyer (the group of lawyers). In this case, is a labor agreement. The lawyer, who works for hire, preserving the fundamental rights, has no right to their own clientele. The lawyer-employer responsible civil liability for professional activities, hired a lawyer, and the latter in carrying out its functions must remind you that he is employed at a certain lawyer.
Group forms of work lawyers are extremely diverse. The number of options increased after the reform in 1992
Traditionally, the most common are associations of professional and civil society. Association - is an association of lawyers, each of which is personally responsible to his client. The rights of a member of the association are personal in nature and can not be transferred. Members of the Association to fully retain their legal personality. Agreement for their creation lies in writing and communicated to the Council of the Order of Lawyers. A very common form of group association is a professional civil society (CLT). CLT lists are associations of lawyers and must be registered as legal entities.
One of the main characteristics of the society is that its members are jointly and severally liable for the debts and completely - in front of others. PTC buys or rents everything you need to work together lawyers: premises, equipment, hires support staff. Customers, who personally had every lawyer co-founder, is transferred to the ownership or use of the society. Under the terms of the CLT lawyer receives no personal royalties as they become available because they are profit society. Labor lawyers - members of the CLT is rewarded by the rules of the Charter of society, more often - through the distribution of profits, depending on the size of shares of authorized capital, which belongs to every member of society. On the other hand, the lawyer does not compensate for the current and production costs - it is the responsibility of society and is not personally liable.
The Company may open additional offices in the offices of its members. Recent work only on his behalf. They may not be members of other associations of lawyers or to engage in individual practice. Members of the Society are devoted to him all their activities and inform each other about it, while adhering to professional secrecy.
In addition to the above, there are ways of association is not for \u0026quot;full implementation of professional advocacy, but only the union to\u0026quot; determine the material means \u0026quot;to facilitate the implementation of this activity. Such \u0026quot;civil society with the combined resources,\u0026quot; or, for example, \u0026quot;the group law firm, connection and interdependence between the members of which are much less stringent.
Before the reform, representatives of some of the liberal professions, which provide services such as Legal Advice Were allowed to operate in a different form. According to the law number 1258 dated 31 December 1990 the lawyers of the new profession (referring to the consolidation of their legal advisers) have the right to create commercial-type society.
The Act regulates in detail the features of these societies, as well as general questions: name, the emergence of a legal entity, the allocation of capital, regulation by members of society, their responsibilities, disputes between them and others
Expands the scope of the lawyer and strengthens its financial position introduced from 1 January 1992 permit lawyers to become members of the association of economic incentives, which are legal entities, and even registered as such, but in the literal sense, are not business entities, and are designed to promote economic activity members.