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The 1990 French Laws on the Legal Professions

The 1990 French Laws on the Legal Professions YVES-LOUIS SAGE INTRODUCTION On December 31,1990, th e French Parliament, following legisla­ tive changes done in 1914 and 1971, enacte d two laws (#90-1258 and #90-1259) that revolutionized the Legal Profession in France. The French Bar Association had voiced strong opposition to the legisla­ tion, qualifying it at one point as "suicidal" and as a servile imitation of the American model, allowing monetary considerations to prevail over professional ethics. The law also responded to the process of European unification, by establishing the requirements for the prac­ tice of law that were necessary to the free establishment of Euro­ pean citizens. The initial bill generated lengthy, often vituperative debates in the Parliament, indicating the intensity of lobbying ef­ forts and the magnitude of the financial interests involved. After considerable maneuvering, the drafters agreed that the term Avocat (hereafter referred as to "lawyer") should be used to designate the new professional standing established by the law. The choice may have resulted from a compromise reached among the various com­ peting groups. Ostensibly, however, the designation was selected be­ cause it had the greatest international currency. The principal contribution of the new legislation is to establish for the first time in France http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The 1990 French Laws on the Legal Professions

American Journal of Comparative Law , Volume 41 (4) – Oct 1, 1993

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Publisher
Oxford University Press
Copyright
© 1993 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840761
Publisher site
See Article on Publisher Site

Abstract

YVES-LOUIS SAGE INTRODUCTION On December 31,1990, th e French Parliament, following legisla­ tive changes done in 1914 and 1971, enacte d two laws (#90-1258 and #90-1259) that revolutionized the Legal Profession in France. The French Bar Association had voiced strong opposition to the legisla­ tion, qualifying it at one point as "suicidal" and as a servile imitation of the American model, allowing monetary considerations to prevail over professional ethics. The law also responded to the process of European unification, by establishing the requirements for the prac­ tice of law that were necessary to the free establishment of Euro­ pean citizens. The initial bill generated lengthy, often vituperative debates in the Parliament, indicating the intensity of lobbying ef­ forts and the magnitude of the financial interests involved. After considerable maneuvering, the drafters agreed that the term Avocat (hereafter referred as to "lawyer") should be used to designate the new professional standing established by the law. The choice may have resulted from a compromise reached among the various com­ peting groups. Ostensibly, however, the designation was selected be­ cause it had the greatest international currency. The principal contribution of the new legislation is to establish for the first time in France

Journal

American Journal of Comparative LawOxford University Press

Published: Oct 1, 1993

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