Incompatibilities and Prohibitions
Explanation
The law organizing the legal profession aims to protect the lawyer's independence (l'indépendance) and dignity. Therefore, the law specifies cases where combining the legal profession with other work is prohibited. A lawyer may not hold any public office (la fonction publique) that yields a salary.
The law prohibits practicing commercial and industrial activities or any profession aimed at profit. Legal or scientific journalism is excluded from this. It is also prohibited to hold the presidency or management of companies (directeur de société) or to work as an expert (expert) in the courts.
A lawyer is allowed to be a member of the Parliament or municipal councils. However, if they assume the presidency of the Parliament or become a minister, they must immediately cease practicing the profession and inform the President of the Bar (le Bâtonnier) of this.
The law imposes additional restrictions on the lawyer who is a Member of Parliament and the lawyer who is a minister. The lawyer who is a Member of Parliament is prohibited from accepting a mandate for the State (le mandat pour l'Etat) or its institutions. Also, a former minister is prohibited from handling cases related to their ministry for a period of one year after leaving their position.
To ensure the application of these conditions, the application for registration in the roll of trainees is submitted to the President of the Bar. The President of the Bar refers the application to a member of the Bar Council (le Conseil de l'Ordre) to prepare a report. Then, the Bar Council decides on the application based on the documents and the report.
Official legal articles
Think deeper
Why does the law impose a one-year prohibition period on a lawyer who was a minister after leaving their position, and how is this related to protecting the lawyer's independence?
Flashcards
Is a lawyer permitted to practice commercial activities?
No, combining the legal profession and commercial activities is prohibited, with the exception of legal or scientific journalism.
What must a lawyer do if they are appointed as a minister?
They must cease practicing the profession and inform the President of the Bar of this.
Does a lawyer have the right to work as an expert in the courts?
No, combining the legal profession and the work of experts in the courts or other authorities is prohibited.
What is the period during which a former minister lawyer is prohibited from handling cases related to their ministry?
One year following their departure from their position.
Is a lawyer who is a Member of Parliament permitted to accept a mandate for the State?
They are not permitted to accept a mandate for the State, either personally or through another lawyer.
Who decides on the application for registration in the roll of trainees?
The Bar Council, after the application is referred to it with the report and documents.
Practice questions
Which of the following activities is a lawyer permitted to practice?
The law excluded legal or scientific journalism from the prohibition of practicing commercial and industrial activities.
To whom is the application for registration in the roll of trainees submitted?
The application is submitted to the President of the Bar, who refers it to one of the members of the Bar Council to prepare a report.
A lawyer who assumed a ministry, when can they accept a mandate in a case presented to an independent department subject to the guardianship of their former ministry?
A lawyer who assumed a ministry may not, during the year following their departure from their position, accept a mandate in cases related to their ministry.
Is a lawyer permitted to be a member of a municipal council?
The law excluded membership in municipal councils from the public offices that are prohibited from being combined with the legal profession.
If a lawyer assumes the presidency of the Parliament, what is required of them?
Upon starting to exercise the presidency of the Parliament, they must cease practicing the profession and inform the President of the Bar of this.
Case problems
Lawyer Ziad was appointed as a minister. He decided to continue following up on his clients' cases in his office. Six months after his resignation, a client asked him to handle a case presented to an administrative board of a department subject to the guardianship of his former ministry. Are Ziad's actions legal?
Model answer
Ziad's actions are illegal.
First, upon assuming the ministry, the law requires him to cease practicing the profession and to inform the President of the Bar of this.
Second, after leaving his position, he is not permitted to accept a mandate in cases related to his ministry and presented to departments subject to its guardianship until one full year has passed.
Self-grading rubric
Nada submitted an application for registration in the roll of trainees to the President of the Bar. The report revealed that she holds the position of manager of a commercial company and works as an expert in the courts. What is the procedure followed to decide on her application, and does she have the right to combine these activities with the legal profession?
Model answer
Nada's application, along with the report and documents, is referred to the Bar Council for a decision.
Nada does not have the right to combine the legal profession with the management of companies, as the law prohibits undertaking the management of companies of all kinds.
It is also prohibited to combine the legal profession with the work of experts in the courts.
She must leave these activities to comply with the conditions of the profession.