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.

Concerning the reform of legal aid, the Minister of Justice says it wants to improve the use by individuals with legal protection insurance.
She recalled that “in a democracy, nobody should be prevented from asserting his rights for financial reasons,” and was “in discussions with insurance companies to better link the recourse to legal aid in civil matters with legal insurance contracts.

Finally on the subject of interprofessionnalité and competitive legal profession, Michele Alliot-Marie said that “increasing the competitiveness of firms,” it worked “for the alignment of occupations through equity shareholding which give the opportunity for different professions (lawyers, notaries, bailiffs, auctioneers court) to bring their capital to a holding company while allowing each to retain its own identity.”

Possibly Related Articles:

• Reform The Judiciary
  Unravel the tangled threads, which are generally more difficult to find the starting point (starting point) bureaucratic reform the judiciary. Moreove...
• 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 m...

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.

Regarding judicial officers, it is public and corporate officers whose duties are set by law and which have a monopoly on service of judicial and extrajudicial execution and writs of execution. The parcel of public power entrusted to them justifies some of the acts they stand are in the authentic form.
Consequently, if these professionals are authorized to write private documents, this activity is not intended to be their core business, and consider that allowing public officers and departmental countersign private documents in a purpose other than to give them authenticity, is likely to cause confusion in the minds of the public detriment in terms of readability of the right of individuals.
For all these reasons, the Department of Justice opposes any extension of the act countersigned, other than the legal profession.

Possibly Related Articles:

• 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 representa...