Full Answer
There are a number of English-speaking lawyers practicing in France, including British and American lawyers, qualified to practise as lawyers in France; though they are not to be found in every town or city, far from it. To find one, check the local yellow pages, or contact the local Tribunal d'Instance.
It is therefore extremely important for a client to check if his or lawyer has not only the title of a French Avocat, but also real training plus professional experience in French law. Fully qualified lawyers are entitled to exercise in all practice areas.
French legislation even forbids making regulations that determine lawyers’ compensation.
It’s unnecessary to employ a lawyer or barrister ( avocat – also the word for avocado pear) in a civil case heard in a tribunal d’instance, where you can conduct your own case (if your French is up to the task). If you use a lawyer, not surprisingly, you must pay his fee. In a tribunal de grande instanceyou must employ a lawyer.
The French Lawyer (avocat)
Roughly comparable to the English barrister, the avocat's main function is to plead in court. In France, as in most civil-law countries, the examination of witnesses is conducted by the magistrate rather than…
Although the French word for "lawyer" is the same as the one for "avocado", their etymologies differ. When it comes to the profession, "avocat" comes from the latin verb "advocare" (which gave the verb "to advocate" in English). Ex: Je veux parler à mon avocat. => I want to talk to my lawyer.
noun. : a person regarded as a master or model in an art or profession —often used as a form of address to such a person.
A notaire is a government-appointed lawyer whose role is essential for all real estate transactions: if property is bought, sold, donated or inherited, a notaire will draft the act, record it, levy the appropriate taxes (such as inheritance taxes), and deliver the deeds of property.
A notaire does not do contentious legal stuff whereas a avocat does.
The French translation for “lawyer (masculine)” is avocat.
"Avocat".
The Aztecs knew it well and called the fruit aoacatl. Transliterated into the language of today, the original Aztec name for the avocado is ahuacatl. This name is still used in parts of Mexico where the Aztec language has not been entirely replaced by Spanish. Their word for tree is quahuitl.
Maître (spelled Maitre according to post-1990 spelling rules) is a commonly used honorific for lawyers, judicial officers and notaries in France, Belgium, Switzerland and French-speaking parts of Canada.
Did you know? Maître d' is short for maître d'hôtel, which comes from French and literally means "master of the house." Maître d'hôtel was used in English for a head butler or steward of a household before it referred to the head of a dining-room staff.
When you correspond with a lawyer, you have two choices:Write the person using a standard courtesy title (“Mr. Robert Jones” or “Ms. Cynthia Adams”)Skip the courtesy title and put “Esquire” after the name, using its abbreviated form, “Esq.” (“Robert Jones, Esq.” or “Cynthia Adams, Esq.”)
Law French ( Old French: Droit Français, Norman: Louai Français, Middle English: Lawe Frensch) is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman conquest of England in 1066.
For example, the current French word for " mortgage " is hypothèque. Many of the terms of Law French were converted into modern English in the 20th century to make the law more understandable in common-law jurisdictions. However, some key Law French terms remain, including the following: Term or phrase.
the person who begins a lawsuit. Law French for what is now more usually called next friend (or, in England and Wales, following the Woolf Reforms, a litigation friend). Refers to one who files a lawsuit on behalf of another not capable of acting on his or her own behalf, such as a minor .
parol evidence rule. a substantive rule of contract law which precludes extrinsic evidence from altering the terms of an unambiguous fully expressed contract; from the Old French for "vo ice" or "spoken word", i.e., oral, evidence. parole. word, speech (ultimately from Latin parabola, parable)
escheats. Anglo-Norman eschete, escheoite "reversion of property" (also "eschets" in old French, then échets, échecs in modern French, "chess" in English; gave the legal French verb échoir ) Pre-1660: reversion of unclaimed property to a feudal lord, or the state where the property is allodial.
Only Proceedings in Courts of Justice Act 1730 made English (in stead of Law French and Latin) the obligatory language for use in the courts of England and in the court of exchequer in Scotland.
The Pleading in English Act 1362 ("Statute of Pleading") acknowledged this change by ordaining that thenceforward all court pleading must be in English so "every Man….may the better govern himself without offending of the Law.". From that time, Law French lost most of its status as a spoken language.
In several languages, the words meaning “lawyer” are similar: in French "avocat/e", in Portuguese “advogado", in Dutch “advocaat“, in Italian "avvocato"“, in Spanish “abogado/a", in Russian “адвока́т/ а”. In France avocats were formerly an organized body of pleaders, while the preparation of cases was done by avoués.
Did you write this one originally in French then? Very interesting article, with good explanations of the different terms.
They become law as from the date on which they have been passed by Parliament, signed into law by the President, and published in the Journal Officiel , or Official Journal. Statutory instruments ( décrets, ordonnances ) become law on signing by the minister (s), and being published in the Journal Officiel. Publication in the electronic version of the J.O. is sufficient.
The French legal system. 1. The nature of legal systems. Unlike English-speaking countries, which use a system of " Common Law ", France has a system of " Civil law ". Common law systems are ones that have evolved over the ages, and are largely based on consensus and precedent. Civil law systems are largely based on a Code of Law.
b) Everyday offences and petty criminal matters are generally dealt with either by a Juge de proximité (a local magistrate) or a Tribunal de Police (police court); more serious matters will be referred to the Tribunal Correctionnel, the criminal law equivalent of the TGI.
Commercial and business law is administered through institutions known as Tribunaux de commerce . These are known as "first degree courts". Appeals are heard in a Cour d'Appel or Court of Appeal, a "second degree court". In France, there is a fundamental right of appeal in all cases.
The two branches of French law. Unlike the English-speaking countries, France has a dual legal system; one branch, known as Droit public , or Public law, defines the principles of operation of the state and public bodies. This law is applied generally through public law courts, known as les Tribunaux administratifs.
The highest echelon, the Supreme Court for public law, is the Conseil d'Etat, or Council of State, the body ultimately responsible for determining the legality of administrative measures. 5. How the courts operate in France. French courts are presided over by Juges (Judges) also known as Magistrats (magistrates).
In France, there is a fundamental right of appeal in all cases. In exceptional circumstances, judgements of the Appeal Court can be contested at the highest level, the Cour de Cassation, the French Supreme Court in matters of private law.
Docteur " ( Dr) is used for medical practitioners whereas " Professeur " is used for professors. The holders of a doctorate other than medical are generally not referred to as Docteurs, though they have the legal right to use the title; Professors in academia used the style Monsieur le Professeur rather than the honorific plain Professeur.
Kings of France used the honorific Sire, princes Monseigneur. Queens and princesses were plain Madame .