Some lawyers are favorable others oppose

Lawyers celebrate the 200th anniversary of the bar of Paris, at the same time where the project of modernization of the legal professions act comes to the National Assembly from tomorrow. This highly anticipated text should endorse the creation of the Act countersigned by a lawyer and give them the opportunity to associate with the notaries. The Minister of Justice gives the "Echos" his vision of the future contours of this profession.

The battle between lawyers and notaries looks completed

The agreement reached is the fruit of work in depth, to which lawyers and notaries have actively participated. Lawyers are more and more many with very low incomes for some of them. There also the profession looks at the issue of a numerus clausus. Notaries feared therefore that they come one day intrude on their domain. The Bill is balanced: the creation of a countersignature by a lawyer is to secure certain acts of everyday life for the individual, but there is no possible confusion with the deed. It also strengthens the monopoly of notaries in the field of real estate law. The agreement, we found, met the two parties, but it will not resolve by a text. It must also get people to work together through, for example, the creation of a High Council of the legal profession or through a common set of training. We must still work on this subject because the report that I had ordered not fully satisfied me.

Do you think that this Act will improve the competitiveness of firms

French law firms face in the international competition to a problem of size. There was already a movement of consolidation and firms know that need them to reach a certain size. To increase their competitiveness, I work for a reconciliation of the profession through capital investments, which give the possibility of different professions (lawyers, notaries, bailiffs, court auctioneers) to bring their capital to a holding company while allowing each to keep his own identity. The objective is to work together the professions to facilitate the orientation of their clientele. In the current state of the text, that pioneered is reserved for the professions of law. Since the drafting of the text, discussions took place between lawyers and accountants to open this pioneered beyond the law professions.

Are you willing to counsel in business

There should be more of business lawyers. Not by defiance to financial but to reassure business and secure. Some lawyers are favorable, others oppose. For the time being, the situation remains blocked. I asked the national Council of the bars to look at this file.

What are the solutions to reform legal aid

In a democracy, no one should be prevented from asserting its rights for financial reasons. However, some people are not entitled to legal aid because they earn enough to pay for a lawyer, but they are not sufficient resources to practice expertise necessary for their case. They then renounce to go before the judge. We are also facing increasing prosecution of society that multiplies the civil litigation. The criminal plan, the elucidation of the crimes and offences has increased significantly in recent years, naturally resulting in an increase in the number of trials. Finally, the reform of the criminal procedure is likely to induce an additional need of legal aid of the order of EUR 90 million. I am in discussion with the insurance companies to better articulate the use of legal aid in civil matters with legal insurance contracts. We must also arrive at a better rate of recovery of legal aid for those who must repay the Advanced. We are finalizing our project, but you know, I already ruled against the taxation of the set of legal acts that would be unfair.

Where is the merger between counsel and attorneys-at-law

I expect a parliamentary slot for the second reading. It is imperative that the text be voted before the end of the year. There is little uncertainty. Employees of attorneys-at-law, their compensation is a House-Senate agreement, and some will be reclassified on positions offered by the Department. The first recruitment will begin in the next few weeks. Positions exist, their funding is. Regarding the sanction, the Senate wants to go beyond 100 compensation, taking into account the additional harm. This is our main divergence.