General Assembly
Explanation
The General Assembly of Lawyers is considered the comprehensive authority in the Bar Association. This assembly is chaired by the President of the Bar Association [le Bâtonnier]. If the President is absent, the presidency is assumed by the most senior former President among those present. If they are absent, it is chaired by the Secretary [le Secrétaire], then by the oldest present member of the Bar Council [le Conseil de l'Ordre].
The ordinary General Assembly is held at a legally specified time. As for the extraordinary General Assembly, the Bar Council determines its date. Practicing lawyers are invited via letters addressed to them, or via an announcement published in three daily newspapers. This announcement is also posted on the door of the Bar Association center and in every lawyers' room in the regions.
The validity of the General Assembly meeting requires the presence of a quorum [le quorum]. The meeting is considered legal if attended by more than half of the voters. If the quorum is not met, the invitation is repeated for another meeting within fifteen days. The second meeting shall be legal regardless of the number of attendees. Decisions and elections are adopted by relative majority [la majorité relative].
Not all lawyers have the right to participate in the General Assembly. The right to attend, vote, and run for office is restricted to practicing lawyers [les avocats en exercice] enrolled in the roll [le tableau]. It is also required that they have paid their annual fees by their specified due dates.
The annual ordinary General Assembly undertakes essential tasks. It elects the President, the members of the Bar Council, and the members of the Retirement Committee. It also audits the final account of the previous year and approves the budget for the following year. Finally, the Assembly determines the annual subscription fee owed by lawyers to the Bar Association fund and the retirement fund.
Official legal articles
replace · 1991-02-21: Open the official text
Think deeper
Why do you think the legislator considered the second meeting of the General Assembly to be legal regardless of the number of attendees, and how does this relate to the necessity of managing the affairs of the Bar Association?
Flashcards
Who chairs the General Assembly of Lawyers in the absence of the President and former Presidents?
The Secretary, then the oldest present member of the Bar Council.
How are lawyers invited to attend the General Assembly?
By letters addressed to them or by an announcement published in three daily newspapers and posted on the door of the Bar Association and its rooms.
What is the legal quorum for the first meeting of the General Assembly?
The attendance of more than half the number of voters who have the right to participate in voting.
When is the second meeting of the General Assembly held if the quorum for the first meeting is not met?
Within fifteen days.
What is the majority required to make decisions in the General Assembly?
Relative majority.
Who has the right to participate in the General Assembly and run for elections?
Practicing lawyers enrolled in the roll who have paid their annual fees on time.
What are the financial tasks of the annual ordinary General Assembly?
Auditing the final account of the previous year and the budget of the following year and approving them, and determining the annual subscription fee.
Practice questions
The President, former Presidents, and the Secretary were absent from the General Assembly. Who chairs it?
In the absence of the President, the most senior former Presidents, and the Secretary, the assembly is chaired by the oldest present member of the Bar Council (Article 36).
If the quorum of the General Assembly is not met in the first meeting, what is the quorum for the second meeting held within 15 days?
The second meeting is held within fifteen days and is legal regardless of the number of attendees (Article 38).
Which of the following methods is considered legal for inviting lawyers to the General Assembly?
The invitation is made by letters addressed to lawyers or by an announcement published in three daily newspapers and posted on the Bar Association doors (Article 37).
A practicing lawyer enrolled in the roll but did not pay the annual fees on time. Does he have the right to vote?
No one participates in the General Assembly nor is accepted among voters or candidates except those who paid their annual fees on time (Article 39).
By what majority are the decisions of the General Assembly and election results adopted?
Decisions of the General Assembly are adopted by relative majority, including election results (Article 38).
Which of the following tasks does not fall within the legally defined work of the annual ordinary General Assembly?
The General Assembly's work is restricted to elections, auditing accounts, the budget, and determining the subscription fee, excluding pupillage applications (Article 40).
Case problems
The Bar Association called for an ordinary General Assembly to elect the President. Only 40 percent of the voters who had paid their fees attended. The President decided to postpone the session for 20 days to ensure the attendance of the largest possible number, and stipulated the attendance of at least half of the voters in the second session for it to be legal. Is the President's decision legal?
Model answer
The President's decision is illegal for two reasons.
First, the law stipulates that if the quorum, which is more than half, is not met, the invitation is repeated for another meeting held within fifteen days (Article 38). Postponing for 20 days violates this provision.
Second, the law also stipulates that the second meeting shall be legal regardless of the number of attendees. Therefore, the President may not stipulate the attendance of half of the voters in the second session.
Self-grading rubric
A lawyer is enrolled in the roll and has practiced the profession for years, but he was late in paying the annual fee to the Bar Association. He attended the annual ordinary General Assembly and requested to nominate himself for membership in the Bar Council and to participate in voting on the budget. The Secretary objected and prevented him from participating. Is the Secretary's action compliant with the law?
Model answer
Yes, the Secretary's action is fully compliant with the law.
The law clearly stipulates that no one shall participate in the General Assembly nor be accepted among the voters or candidates except practicing lawyers enrolled in the roll who have paid their annual fees on time (Article 39).
Since the lawyer did not pay the annual fees on time, he loses his right to participate, vote, and run for office.