Traineeship and Admission to the Main Roll
Explanation
The apprenticeship period is considered a fundamental stage in a lawyer's career path, where they practice the profession under the supervision of a principal lawyer. The law allows the apprentice lawyer to transfer from one office to another during this period, provided that the Bar Council [Conseil de l'Ordre] is notified and the approval of both the new office and the Council is obtained.
During the apprenticeship period, the lawyer is not entitled to plead [Plaidoirie] in their own name, but rather pleads in the name of the lawyer in whose office they are registered. Their authority to plead is limited to courts of first instance, committees, and councils, as well as the Misdemeanor Court of Appeal for defendants only, and the Criminal Court for the accused exclusively.
The apprentice lawyer is obligated to attend the apprenticeship lectures organized by the Bar Council under the presidency of the President of the Bar or their delegate. The law mandates attending at least two-thirds of these lectures, under the penalty of the possibility of extending the apprenticeship period by a decision of the Bar Council.
After completing three years of apprenticeship, the lawyer has the right to request registration in the General Roll [Tableau de l'Ordre]. This requires submitting certificates proving regular attendance and lecture participation, in addition to a statement of lawsuits signed by the apprentice and the training lawyer under their joint responsibility, and fee receipts. Once registered in the General Roll, the lawyer acquires the right to plead in their own name before all courts.
The law has set aside special provisions for former judges wishing to transfer to the roll of lawyers. The judge is exempted from the age requirement, and the registration conditions are considered fulfilled if they practiced as a judge for at least three years and were not dismissed for disciplinary reasons. However, a judge exempted from the age requirement or affiliated with the Judges' Mutual Fund does not benefit from the Bar's provisions, such as the retirement pension and health benefits.
Official legal articles
replace · 1978-12-21: Open the official text
replace · 1991-02-21: Open the official text
replace · 1991-09-26: Open the official text
Think deeper
How does obligating the apprentice to plead in the name of the training lawyer contribute to justifying the requirement for his signature on the statement of lawsuits when requesting a transfer to the General Roll?
Flashcards
Is it permissible for an apprentice lawyer to transfer to another lawyer's office during their apprenticeship period?
Yes, provided that the Bar Council is notified and the approval of the new office and the Bar Council is obtained.
In whose name does the apprentice lawyer plead before the courts?
They plead in the name of the lawyer in whose office they are registered.
Does the apprentice lawyer have the right to plead before the Criminal Court on behalf of the prosecution?
No, they only have the right to plead before the Criminal Court on behalf of the accused.
What is the minimum required attendance for apprenticeship lectures?
At least two-thirds of the apprenticeship lectures must be attended.
What is the penalty for failing to attend two-thirds of the apprenticeship lectures?
The Bar Council may extend their apprenticeship period.
When does the lawyer acquire the right to plead in their own name?
Upon their registration in the General Roll.
What is the required duration of judicial practice to exempt a former judge from the registration conditions?
At least three years.
Does a former judge exempted from the age requirement benefit from the Bar's retirement pension?
No, they do not benefit from health and social provisions or the retirement pension.
Practice questions
An apprentice lawyer wanted to plead before the Misdemeanor Court of Appeal. What is their legally permitted scope?
The apprentice has the right to plead in the name of the lawyer in whose office they are registered before the Misdemeanor Court of Appeal on behalf of defendants only (Article 24).
An apprentice lawyer failed to attend half of the apprenticeship lectures. What measure can be taken against them?
The apprenticeship period may be extended by a decision of the Bar Council for any apprentice who does not attend at least two-thirds of the lectures (Article 26).
Which of the following documents is not required from an apprentice lawyer when submitting an application for registration in the General Roll?
The law exclusively specifies the required documents for registration in the General Roll, and approval from the President of the Court of Appeal is not among them (Article 27).
A former judge practiced the judicial function for 4 years and resigned without any disciplinary reason, and is affiliated with the Judges' Mutual Fund. If they join the Bar Association, do they benefit from the Bar's health provisions?
A judge affiliated with the Judges' Mutual Fund does not benefit from all provisions provided by the Bar, including the retirement pension and health and social provisions (Article 27).
When is a lawyer entitled to plead in their own name before all courts?
A lawyer acquires the right to plead in their own name before all courts upon their registration in the General Roll (Article 25).
Case problems
An apprentice lawyer completed a three-year period in their master's office and submitted an application to transfer to the General Roll. They attached to their application the certificate of regular attendance, the certificate of attending two-thirds of the lectures, and the payment receipts. They also submitted a statement of the lawsuits they participated in studying, signed by them personally only, arguing that their master was traveling abroad and could not sign. Is their application considered to fulfill the legal conditions?
Model answer
The application is not considered to fulfill the legal conditions.
The law requires submitting specific documents to accept an apprentice lawyer's application for registration in the General Roll (Article 27).
Among these documents, a statement of the lawsuits or cases that the apprentice participated in studying or pleading must be submitted.
The law explicitly requires that this statement be signed by the apprentice and the lawyer with whom they apprenticed, under their joint responsibility.
Since the statement is submitted with the apprentice's signature alone, it violates the law, and the application is not accepted until the signature is completed.
Self-grading rubric
A former judge worked in the judiciary for only two years, then submitted their resignation for health reasons. They subsequently decided to join the Bar Association. They requested an exemption from the age requirement based on their status as a former judge, considering that the affiliation conditions were automatically fulfilled. Do they have the right to benefit from this exception?
Model answer
They do not have the right to benefit from the exception allocated for former judges.
A former judge is exempted from the age requirement and the affiliation conditions are considered fulfilled under certain controls (Article 27).
The primary condition is submitting a certificate proving their practice of the judicial function for at least three years.
Since the judge in this case practiced the judicial function for only two years, they did not complete the required legal period.
Therefore, this judge is subject to the general conditions for affiliation and does not benefit from the legal exemptions specific to former judges.