Professional Independence and the Associate in a Law Firm: A French Case Study

Authors

Tang Thi Thanh Trai LeFollow

Document Type

Response or Comment

Publication Date

1981

Publication Information

29 Am. J. Comp. L. 647 (1981)

Abstract

In June 1977, as a result of a case brought before the Tribunal de la Seine, a "mini-revolution" erupted in French legal circles. A young woman associate of a law firm was discharged at mid-month and paid half (F. 1250) her monthly salary. Mme X considered her dismissal improper and filed a complaint with the Bdtonnier (President) of the Paris Bar. After a hearing, the Conseil de l'Ordre (Executive Committee of the Bar) advised the firm to pay Mme X an additional F. 1250 in settlement. Not satisfied, Mine X took her case to the Tribunal de la Seine requesting compensatory damages of F. 2750 (F. 2500 for one month's notice and F. 250 for vacation time not taken) and punitive damages of F. 10,000.

Why did Mme X's case stir such great interest in the French legal community? For the first time in French history, an avocat (practicing attorney) asked a court to apply labor law in the resolution of an employment dispute with another avocat. By doing so, Mme X represented herself as being an employee despite her status as an avocat. Thus, Mine X rekindled a perennial debate of the French legal profession: Can an avocat be characterized as an employee?

At the core of this debate is the principle that the profession of avocat is "liberal" and "independent." This concept has been recognized over the centuries and was codified into law in 1971. The Internal Rules of the Paris Bar make the principle of independence a matter of professional ethics. Thus, the characterization of an avocat, even an avocat who is also a collaborateur (associate), as merely an employee threatens the mandated independence of the profession. Any infringement upon the independence of the avocat would be a violation of ethical rules.

Before discussing the threat to professional independence by the characterization of a collaborateur as an employee however, a few remarks on the organization of the legal profession in France are in order.

Comments

Can archive pre-print and post-print or publisher's version/PDF.

Recommended Citation

Tang Thi Thanh Trai Le, Professional Independence and the Associate in a Law Firm: A French Case Study, 29 Am. J. Comp. L. 647 (1981).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/17