he lawyer does not always have a good reputation. Although he is known and recognized as the defender of the great causes, the protector of rights and freedoms, he is also sometimes labeled with not always very complimentary qualifiers: the arrogant lawyer, the lawyer unavailable, cruelly lacking in humility. Public opinion is sometimes hard with the profession. However, this lack of recognition is particularly revealing of a poor perception of the profession of the lawyer. Like any legal professional, he has an increasingly professional responsibility , to such an extent that his work demands almost absolute infallibility, as the legal consequences may be significant.
To enter the profession, the lawyer must take the oath, which is the foundation of the ethics by recalling the essential principles of the profession. To embrace the profession of lawyer is therefore obliged to respect a certain number of legal and ethical rules in its practice and its professional and extraprofessional relations. The main duty of the lawyer is therefore to serve the litigant’s cause. He will be there to advise, guide and guide you along the tortuous path of legal and judicial life.
How to choose the best lawyer for his business?
Two objective elements are characteristic and essential to the success of a case: confidentiality and competence.
Indeed, if there is one essential point which certainly is the prerequisite for success, it is the relationship of trust that must exist between the lawyer and his client. The counterpart of this trust will be the confidentiality of the exchanges. A lawyer to best defend the interests of his client must know everything.
A good lawyer will be the one who will know how to trust his client and who will thus have all the keys to ensure a good defense.
It should be recalled that access to the legal profession is not easy. Any lawyer, to be admitted to the bar, must have undergone initial high-level legal training marked by at least four academic years. He must then obtain a Certificate of Aptitude for the Profession of Advocate ( CAPA ). This long academic course guarantees his competence in all matters of law and rigorous professional practice.
All lawyers are therefore competent.
However, if a case conflicts with the convictions of the lawyer, or if he can not devote sufficient time to the preparation of a client’s defense or to a conflict of interest, he may refuse the folder.
Similarly, a lawyer may also refuse to take charge of your case if he does not consider himself competent. This may seem strange to the client but the lawyer’s code of ethics banned him from doing business in an area he does not have control over.
For the lawyer, this refusal does not constitute a finding of incompetence. On the contrary, a good lawyer knows his limits. The field of law is vast and it is obviously impossible for a lawyer to know perfectly all legal matters.
In short, if one wishes to draw the sketch of the ” good lawyer “, one can say that being a good lawyer is being …
the lawyer who informs
A good lawyer must remain alert to the economic, social and technological changes of our society.
Every day brings its share of legislative, regulatory and administrative texts at the national level but also at European level: Community directives, regulations or recommendations are also part of the changing reality of our law. Similarly, the decisions of the courts will change and the lawyer will be attentive to the judicial shifts.
A lawyer who wishes to guarantee the best service to his client must therefore be kept informed of all these developments and their consequences.
the lawyer who advises
The Permanent Legal Aid Mission provides advice to lawyers on a variety of topics.
The lawyer is a legal technician and in doing so, his advice can be decisive for the feasibility, implementation and sustainability of major projects.
The lawyer will thus thoroughly examine his client’s project and study its viability, complexity and above all detect any legal problems.
A good lawyer will be the one who will fully synergize with the expectations of his client so that all legal problems are considered, so that all solutions are legally analyzed.
It will sail between commercial law , corporate law , tax law , law of intellectual property , inheritance law , real estate law , criminal law, business etc.
the attorney who attends and negotiates
Apart from any litigation, this mission of the lawyer is equally important. He must know how to negotiate contracts , sometimes representing important financial and economic investments: commercial contracts, trademark licenses , confidentiality agreements …
If the litigation is born, the mission of the lawyer will then intervene to try to reconcile the parties. Its role as a negotiator then takes on its full scope, with all guarantees of confidentiality absolutely guaranteed.
Obviously, it is within the framework of these attempts at conciliation or mediation that the relational and professional qualities of the lawyer take on a particular dimension.
the lawyer who defends
If the litigation phase has become inevitable, the lawyer will be there to assist his client , to represent him in the various stages of the proceedings, and to plead his case both in the first instance and in appeal before all the courts of law and administrative authorities, as well as before all judicial bodies (joint and administrative boards, disciplinary councils …).
The lawyers exchange findings or submissions in response to adverse arguments.
Orally: he will plead before the judges.
It should be noted that the increasing complexity of the procedure and the technical nature of litigation tend to increase the role of lawyer assistance , including in the most everyday disputes. A good lawyer becomes an ally more and more indispensable.
But above all a good lawyer is the innovator!
The law evolves but leaves room for a lot of creativity!
Many examples are no longer to be cited: new fiscal or social optimizations , new procedural tactics, anticipation of new legal problems (eg conclusion of a transport contract by purchase of the ticket, status of employees recognized by candidates television games) These are just a few examples of the evolution of our law in the face of the challenges facing our society.
Moreover, with the establishment of the priority question of constitutionality , the lawyer, protector of great causes has new means! It is now the duty of the lawyer to raise the question of the constitutionality of a law infringing the rights and freedoms guaranteed by the Constitution in a case brought before the administrative or judicial courts . Extensive work!
After all, it may be that being a good lawyer, knowing the right questions!
This article is posted for public information and in the interest of litigants. It is regularly updated, as far as possible. However, due to the constant evolution of the legislation in force, we can not guarantee its current application and invite you to ask questions about the subject mentioned in 01 85 53 05 40. In no case does Cabinet may be held responsible for the inaccuracy and obsolescence of the articles on the site.