Solicitor
The solicitor with the Middle Ages
With the the Middle Ages, the acknowledged was a Laïc directing the vassal ones of an ecclesiastical institution, generally an abbey; its role was similar to that of the Vidame.
The kings of France were acknowledged Abbaye of Saint-Denis. Godefroy de Bouillon, first sovereign Latin of Jerusalem, took the title of “Avoué of the Holy Sepulchre”.
The solicitor with the modern direction: a professional of the right
History
Since the 19th century, the acknowledged is in France a lawyer in charge of the representation (postulation) near the courts, at the side of the lawyer which is charged to plead. The scission between the occupations of lawyer and solicitor goes back to the 15th century. The occupations of lawyer and solicitor near the Courts of Bankruptcy were amalgamated in 1971 (law n°71-1130 of December 31st, 1971).
Nomination
Today, the solicitor is a member of the legal profession charged to represent and advise in front of a Court of Appeal. The acknowledged is a Auxiliaire of justice.
The solicitors are named by the Minister of Justice and lend oath before the Court of Appeal. Their competence is limited to the spring of the Court of Appeal near which it were instituted to exert their ministry. They can be indicated in order to represent justiciable recipients of the jurisdictional Aide.
In front of the Court of appeal, the missions of the solicitors are entrusted to the lawyers with the councils .
Formation
The trade of solicitor is accessible has very titular of Master 1 in Right (4 years of higher learning in one of many the Faculty of Law), accompanied by a 2 years training course in a study. At the conclusion of this training course, it is advisable to pass a professional examination.
See in particular Guide “right and its trades”.
Statistics
There are 421 solicitors in France who follow their occupation in 235 studies.
Missions
In the procedure with obligatory representation, the solicitors have alone quality to represent the parts and to conclude on their behalf (article 913 al. 1 of the New Code of Civil procedure).
The solicitor is thus the only one representing parts before the Court of Appeal in civil and commercial matters (monopoly). Its ministry is not obligatory out of penal, social matter and of rural beams, but nothing prevents it from intervening to assist a customer; it does not act any more as this case as member of the legal profession but like simple professional of the independent right.
Specialist in the procedure of appeal, it is in charge with the instruction and the implementation of the file before the Court, and is the single interlocutor of the magistrates of the Court. It is thus charged to carry out all the acts relating to the procedure of appeal (the postulation), and to make known the claims of its customer and to conclude on his behalf (the drafting of the conclusions).
With the difference of a lawyer, the solicitor does not plead traditionally.
The solicitor also carries out legal consultations, in particular for advising the call appropriateness to his customer. He can also bring this council to lawyer of the customer. Contrary to the acts concerned with its ministry, the consultations just as its interventions in matters where the representation of the parts is not obligatory, are not remunerated according to an official tariff but according to variable fees stopped in agreement with the customer.
Future of the profession
The report/ratio of parliamentary information Which trades for which justice? of Christian Cointat underlines the difficulties encountered by the solicitors (see in particular the solicitors close the courses of call: a recognized profession.
The monopoly of the solicitors is sometimes called in question taking into consideration European rule. The draft Directive Bolkestein in particular gave this debate on the front of the scene (See the information paper '' That to think of the directive " Bolkestein" ? '' and in particular regulated legal professions.
More recently, one will note the Countryside Protect the call from the national Room of the Solicitors close the Courses of call.
External bonds
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the card trade of the Ministry for Justice
- the site of the National Room of the Solicitors
- Article Diploma - December 2003
- the room of the Solicitors close the Court of Appeal of Paris
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