Legal Ethics France

Under French law, the rule of solicitor-client privilege is absolutely binding on the lawyer – neither the client nor third parties can exempt him from the obligation to keep secret discussions, observations, correspondence and confidential documents relating to the client`s representation.12 The client is not bound by professional secrecy and, if he chooses: By disclosing previously privileged documents, these documents lose their privileged character.13 Unlike in the United States, in-house counsel in France are not allowed to be lawyers and are therefore not considered bound by the Professional Code. As a result, communications between in-house counsel and company employees in the course of internal investigations are generally not covered by solicitor-client privilege.14 Legal privilege is therefore not attached to these internal legal opinions, even if the content of these communications is “legal” in nature. However, French courts have recognized limited exceptions to this rule in recent years. Thus, in November 2017, the Paris Court of Appeal ruled that discussions on a legal strategy formulated by external lawyers by in-house lawyers are preferred.15 The guidelines focus on how to address ethical concerns arising from internal investigations, in the following areas: (i) potential conflicts of interest; (ii) solicitor-client privilege; (iii) the scope of a contract; (iv) interviews with employees of the enterprise; (v) data protection considerations; and (vi) issues arising from renewed interest in the French Blocking Statute.4 Each section of the guidelines provides an overview of the general rules and regulations applicable to the subject matter of this section, identifies key issues and challenges arising from internal investigations into the topic, and makes recommendations to overcome existing barriers. A substantial part of the guidelines derives from the French national internal rules on the practice of the profession of lawyer, which harmonise the rules and standards applicable to the profession of lawyer. Quick tip: If your code is a document that only sets out general principles, such as that you have a zero-tolerance policy on corruption or that you want a diverse and inclusive workplace, it will be easier to implement it as is. You can then include links to more detailed policies in your code, tailored to the local legal restrictions of each country in which you operate. If your Code needs to be adapted, make sure you have a version of the Code as applied in France in your local language so that you can refer to it later. The European Union`s General Data Protection Regulation (GDPR), in effect since May 2018, aims to harmonize the laws of European Union member states regarding the processing of personal data and requires compliance with the accountability principles for companies that process personal data of European Union residents.23 The guidelines first clarify: that GDPR mandates for legal advice are considered to be the “controller” of personal data collected and processed in the context of an internal investigation that is the lawyer 24 The fundamental requirement of the GDPR is that the subjects of any collection of personal data must be informed about it, as well as about the different specificities of the data collection and its legal bases. However, if the data is collected by a third party and not directly by the subject, there are several exceptions to the notification obligation. The Working Group emphasizes that two such exceptions apply in the context of the investigation: (1) if disclosure of the data collection would violate the lawyer`s obligations of solicitor-client privilege, no notification is required; (ii) where full disclosure would seriously compromise the purpose for which the data are collected, the scope of the notification may be adapted accordingly.

The routes of access to the profession of lawyer were laid down by the Act of 31 December 1971, as amended by the Act of 11 February 2004, and by the implementing regulations of 21 December 2004. The legal profession is regulated mainly by Act No. 90-1259 of 31 December 1990, which established Act No. 71-1130 of 31 December 1990. December 1971, and by implementing decree 91-1197 of 27 November 1991. Ethics and jurisprudence also play an important role in defining the role of lawyers, and the National Bar Council, which brings together 161 local bar associations in France, has played a leading role in this area by harmonizing the various rules of procedure adopted over the years by local bar associations. On July 2, 2020, French Bar Council (“CNB”) – released comprehensive guidelines outlining best practices and ethical considerations for lawyers conducting internal investigations in France and elsewhere (the “Guidelines”).2 The NBC formed a working group to draft the guidelines in response to what many practitioners in the country still call “new, Dynamic and growing sector within the legal profession. The guidelines provide useful insights into the most common issues and problems faced by French lawyers when conducting internal investigations, and provide contextual explanations and unique recommendations for overcoming obstacles created by cross-border proceedings and enforcement measures. The oath that all French lawyers take before exercising their profession is the basis of French legal ethics: “As a lawyer, I swear to perform my duties with dignity, conscience, independence. French law may prohibit the inclusion of certain obligations in your Code or require you to add certain local legal requirements. For example, workers` freedom of expression and right to privacy are highly protected in France.

This can make it difficult to regulate what employees are not allowed to say on social media or to require disclosure of conflicts of interest. French law has also undergone many developments in recent years in the fight against corruption, money laundering, psychological harassment, sexual harassment and discrimination, which may require you to adapt the content of your code. It is therefore important that you have your code reviewed by a local consultant before deploying it to your French employees. The guidelines are a useful reminder that practitioners should carefully consider what rules and guidelines might apply in the different jurisdictions where a transnational investigation and related litigation are conducted. For example, while it may be permissible to prepare a witness for a trial in the United States, in other jurisdictions this could constitute a serious breach of ethical requirements.5 Or, for example, if lawyers work in multiple jurisdictions for the same basic investigation, they should be aware of informal conversations and advances with law enforcement agencies that 6 For further advice or assistance on Ethics and Compliance Programs, please contact our Ethics, Diversity and CSR group: www.flichygrange.com/ethics-diversity-and-csr This title was first published in 2001. This thesis examines the professional standards of the French Bar Association, which is evolving rapidly but with concerns in a world of competition, organization and globalization. It focuses on the ideology of French legal ethics in its historical and social contexts rather than on the details of the rules for lawyers. These rules are technical in nature and in many ways similar to regulations in the United States.

But lawyers in France and the United States base their rules on strikingly different images from lawyers. French lawyers classify their duties as a set of virtues – honesty, honor and delicacy – to be followed by official formulation. In contrast, lawyers in the United States, judging by the way they justify their rules, view their associates as scoundrels who, without regulation, would defraud their clients, opposing parties and other lawyers.