Duties Toward Clients
Explanation
The provisions of the law organizing the legal profession determine a set of obligations (les obligations) that govern the relationship of the lawyer with his clients and his profession. The law strictly prohibits the lawyer from purchasing any litigious rights (droits litigieux). This prohibition aims to protect the client and prevent the lawyer from exploiting his knowledge of the details of the dispute.
The law regulates the working mechanism of lawyers sharing a single office (le cabinet). Appellate lawyers may establish professional civil companies (sociétés civiles professionnelles) pursuant to a written partnership deed registered with the Bar Association. Lawyers in the same office are prohibited from pleading against each other or representing conflicting interests (intérêts contradictoires).
The law imposes strict restrictions on the lawyer's workplace and methods of attracting clients. The lawyer must have only one office within the region of the Bar Association to which he belongs. He is prohibited from seeking to acquire clients through advertising or brokers.
The lawyer is prohibited from sharing his fees (les honoraires) with any person who is not a lawyer. He is also prohibited from advertising his office (la publicité) in any form whatsoever. He is only allowed to hang one sign bearing his name at the entrance of the office.
Official legal articles
Think deeper
How does prohibiting lawyers in the same office from representing conflicting interests contribute to enhancing client trust, and what is the relationship of this to the prohibition of seeking to acquire clients through brokers?
Flashcards
Is it permissible for a lawyer to purchase litigious rights?
It is not permissible, as the lawyer is prohibited from purchasing litigious rights.
What are the formal conditions for establishing a professional civil company for lawyers?
The partnership deed must be written and registered with the Bar Association, as well as any amendment made to it.
Do two lawyers in the same office have the right to plead against each other?
Lawyers who share or cooperate in a single office are not permitted to plead against each other.
How many offices does a lawyer have the right to take?
He does not have the right to take more than one office for himself, and it must be in the region of the Bar Association to which he belongs.
Is it permissible for a lawyer to give a part of his fees to a broker?
He is not permitted to allocate a share of his fees to a person who is not a lawyer.
What is the maximum number of signs allowed at the entrance of a lawyer's office?
He does not have the right to hang more than one sign bearing his name at his entrance.
Practice questions
A client offered to sell his lawyer his right in the disputed real estate in the lawsuit. What is the legal ruling?
The law prohibits the lawyer from purchasing litigious rights (Article 82).
A professional civil company was established between two lawyers. Two parties with conflicting interests requested to appoint them in the same case. What should they do?
The law prohibits lawyers in a single office from pleading against each other or representing two parties with conflicting interests (Article 83).
A lawyer wanted to open a second branch for his office in another region to facilitate his work. Does he have the right to do so?
The lawyer does not have the right to take more than one office for himself (Article 84).
A lawyer sought the help of a non-lawyer to bring clients in exchange for 10 percent of the fees. What is the legal characterization?
The law prohibits seeking to acquire clients using intermediaries and prevents allocating a share of the fees to non-lawyers (Article 85).
How is a lawyer's office advertised according to the law?
The lawyer is prohibited from advertising his office, and only one sign is allowed at his entrance (Article 86).
Case problems
Lawyer Samir and Lawyer Fadi work in the same office and cooperate on cases. A woman submitted a request to appoint Samir in a divorce lawsuit against her husband. The next day, the husband came to the same office and requested to appoint Fadi to defend him in the same lawsuit. Can Samir and Fadi accept the two powers of attorney?
Model answer
The two lawyers cannot accept the two powers of attorney in this lawsuit.
The law prohibits lawyers cooperating in a single office from pleading against each other (Article 83).
The law also prevents them from representing two parties with conflicting interests in cases (Article 83).
The husband and wife have conflicting interests in a divorce lawsuit. Therefore, Samir and Fadi are prohibited from pleading against each other.
Self-grading rubric
Lawyer Kamal opened a new office. He hung three huge signs on the building bearing his name and specializations. He also agreed with a real estate agency to send him clients in exchange for the real estate agency receiving a quarter of the attorney fees. Evaluate Lawyer Kamal's actions legally.
Model answer
Lawyer Kamal's actions violate the law organizing the legal profession on several points.
First, hanging three signs violates the law which allows only one sign bearing his name (Article 86).
Second, agreeing with a real estate agency violates the prohibition of acquiring clients using intermediaries (Article 85).
Third, giving a quarter of the fees to the agency violates the prohibition of sharing fees with non-lawyers (Article 85).