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11 - France

Published online by Cambridge University Press:  05 June 2013

Sabine du Granrut
Affiliation:
Former member of the Paris Order Council, Former member of the National Bar Council
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Summary

Preliminary note

In France, lawyers are organised in Bars attached to each Tribunal de grande instance. Each Bar is managed by a Bar Council (Conseil de l’Ordre), presided over by the bâtonnier.

Lawyers admitted to practice in a Bar in France are subject to professional secrecy whether they practise alone or in a group. This is an essential element of the professional activity of lawyers.

Lawyers exercise their activity as independent professionals, and at present members of the legal department of corporations are not lawyers.

Scope of and limitations on professional secrecy

Statutory basis and implications

Historically, the professional secrecy of lawyers is one of the three traditional major secrets. The other two are the secret of confession and the medical secret.

Its sole purpose is the protection of the public interest. The basis can be found in various legal, regulatory and professional texts: Article 66-5 of the Law of 13 December 1971, Article 226-13 ff. of the Criminal Code, Article 4 of the Decree of 12 July 2005 and Article 2 of the National Regulation, called the ‘RIN’.

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Publisher: Cambridge University Press
Print publication year: 2013

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  • France
    • By Sabine du Granrut, Former member of the Paris Order Council, Former member of the National Bar Council
  • Compiled by The Bar of Brussels
  • Book: Professional Secrecy of Lawyers in Europe
  • Online publication: 05 June 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139382656.012
Available formats
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  • France
    • By Sabine du Granrut, Former member of the Paris Order Council, Former member of the National Bar Council
  • Compiled by The Bar of Brussels
  • Book: Professional Secrecy of Lawyers in Europe
  • Online publication: 05 June 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139382656.012
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • France
    • By Sabine du Granrut, Former member of the Paris Order Council, Former member of the National Bar Council
  • Compiled by The Bar of Brussels
  • Book: Professional Secrecy of Lawyers in Europe
  • Online publication: 05 June 2013
  • Chapter DOI: https://doi.org/10.1017/CBO9781139382656.012
Available formats
×