Posts Tagged ‘lawyers’
Progress of Work of the Ministry of Justice regarding the Legal Profession
In a recent interview, Justice Minister Michele Alliot-Marie called forward to welcoming the adoption of the draft law on reform of the representation before the appellate courts, by the end of the year.
To the Minister of Justice, “it is imperative” that the bill, which was debated on second reading in the National Assembly should intervene in the coming year, “be adopted before the end of the year,” because at first January 2011, will automatically become solicitors lawyers and litigants will be represented before the Court of Appeal by counsel who represented them at trial or other counsel of jurisdiction of the Court.
“For employees of solicitors, their compensation is the subject of an Assembly-Senate agreement, and some will be reclassified on items offered by the ministry,” held to clarify the minister.
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Legal Notice, Law and Justice Councils Information
The bill to modernize the judicial and legal professions regulated to enhance the legal profession and encourage them to work together to better meet the needs of users, the act should create a lawyer countersigned.
Stemming from the work of the Committee Darrois, the countersignature of a lawyer is to give it legal effect strengthened the private deed who is the object. In particular, the document will fully witness the signature and handwriting of the parties. For the Department of Justice, it is not possible also to allow bailiffs, whose mission and role are different from those of the lawyer, can countersign such an act.
Indeed, lawyers who have not received delegation of public power, the act does not countersigned not be enforceable, “said Minister of Justice, in a departmental response dated 10 June 2010. The legislature has since 1990, decided to entrust to the lawyer, in addition to its traditional business litigation, business legal advice including consultation and the drafting of an act involving the same plane the two essential components of the activity lawyers. If the legislature has considered it appropriate to place restrictions on the legal advice applied principally to all members of the judiciary and legal professions – given the requirements of the latter in terms of both experience and ethics of responsibility that – Lawyers are, among these professionals, the first editors of private documents, and are best placed, in the practice of their business litigation, to anticipate difficulties in implementation and execution of acts, which gives them experience and competency.
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Posted in Law | 
Tags: delegation of public power, Department of Justice, Justice Councils Information, lawyers, Legal Notice, legal professions | 
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