Overview

The lawyer is an independent legal professional whose mission is to advise, assist, defend, and represent clients. They are admitted to a bar and practice in compliance with strict ethical rules, notably professional secrecy, independence, loyalty, and confidentiality.

The lawyer can intervene before any dispute to prevent a conflict, negotiate an agreement, draft legal documents, or secure a transaction. They also intervene when a dispute has already begun, by seeking an amicable solution or by defending their client before the courts.

Depending on the case, hiring a lawyer may be optional or mandatory.

Types of disputes handled

The lawyer can intervene in most areas of law, including:

Consumption ;
Real estate and construction ;
neighborhood ;
family law (divorce, inheritance, parental authority, etc.); ;
labor law ;
civil liability ;
contracts ;
commercial and company law ;
debt collection ;
criminal law (victim or accused); ;
administrative law ;
tax law ;
insurance law ;
intellectual property ;
personal injury ;
appeal and cassation procedures (with specialized lawyers when required by law).

Some lawyers practice as generalists, while others specialize in one or more fields.

Situations outside their remit

The lawyer cannot:

render a judgment ;
impose an agreement between the parties; ;
performing tasks reserved for other regulated professions (notary, judicial commissioner, certified public accountant, etc.); ;
ensure the outcome of a trial; ;
act in violation of the law or one's professional ethics.

He can also refuse a case in the event of a conflict of interest, a lack of specific expertise, or a disagreement with the client.

How they can help

The lawyer can intervene:

in the office ;
by phone ;
via videoconference ;
by email ;
by mail ;
during negotiation meetings; ;
in mediation or conciliation; ;
before all courts where he is authorized to practice.

Most practices now offer remote appointments.

Eligibility requirements

To consult a lawyer, it is generally sufficient:

to make an appointment; ;
to clearly set forth the facts; ;
to provide the necessary documents; ;
to accept the financial terms of his intervention.

Before any intervention, the lawyer generally provides a fee agreement specifying the services, remuneration terms and any potential fees.

Low-income individuals may, under certain conditions, be eligible for legal aid.

How to find a lawyer

You can find a lawyer:

with the bar association of your department; ;
through the free consultations organized by the bar associations, city halls, or justice and law centers; ;
on the recommendation of a legal professional; ;
through professional directories of lawyers; ;
by searching for a lawyer practicing in the relevant field.

The free choice of an attorney is a fundamental principle.

How to make a referral

Choose a lawyer.
Make an appointment.
Present the facts and the documents.
Review of the case file.
Information on the chances of success, risks, timeframes, and cost.
Signing of the fee agreement.
Building and tracking the file.
Implementation of the selected strategy.

How the process works

Depending on the nature of the dispute, the attorney may:

conduct a legal analysis of the situation; ;
advise his client; ;
draft letters, contracts, or formal notices; ;
negotiate with the opposing party; ;
participate in mediation or conciliation; ;
initiate legal proceedings ;
represent and defend their client in court; ;
to pursue legal remedies (appeal, petition for review when the conditions are met); ;
monitor the enforcement of the judgment obtained.

Throughout the course of his assignment, he keeps his client informed of developments in the case.

Typical timeframes

The timeframes depend on the type of case:

first date: a few days to a few weeks; ;
review of the case: a few days to several weeks; ;
amicable negotiation: a few weeks to several months; ;
Legal proceedings: several months to several years, depending on the court and the complexity of the case.

Various possible outcomes

The lawyer's intervention can lead to:

a simple piece of legal advice; ;
drafting a legal document or contract; ;
an out-of-court settlement; ;
a transaction; ;
successful mediation ;
a favorable or unfavorable ruling; ;
a withdrawal; ;
an appeal or a further appeal when the law permits it.

Possible next steps in case of failure

In the event of no solution or an unfavorable decision, several options exist:

continue negotiations ;
initiate or resume mediation ;
appeal when the decision is subject to appeal; ;
file an appeal to the Court of Cassation when the legal conditions are met; ;
initiate new proceedings on a different legal basis if possible; ;
proceed with the execution of the decision when it is favorable.

The lawyer advises his client on the most appropriate strategy after each step.

Advantages and limitations

Benefits	Disadvantages
In-depth legal expertise	Fees sometimes high
Personalized defense of client interests	Sometimes lengthy procedures
Absolute professional confidentiality	No results guaranteed
Representation in court	Some disputes require the involvement of multiple parties (experts, judicial officers, etc.)
Negotiation and mediation assistance	The Complexity of Certain Procedures
Drafting of legally secure deeds	Cost subject to increase depending on the duration of the case
Strategic guidance throughout the litigation process	It is not always necessary to hire a lawyer, but it can be helpful

Main applicable texts

Law No. 71-1130 of December 31, 1971 relating to the reform of certain judicial and legal professions.
Decree No. 91-1197 of November 27, 1991 governing the legal profession.
National Internal Regulations of the legal profession.
Code of Civil Procedure.
Code of Criminal Procedure.
Code of Administrative Justice.
Law No. 91-647 of July 10, 1991 regarding legal aid (legal assistance).
Depending on the nature of the dispute, the provisions of the Civil Code, you Consumer Code, you Labor Code, you Commercial Code or other specialized codes may also apply.