Civil Law Procedure First principles – why study? Perspective Truths (laboratory) Reform Globalization Role of lawyer.

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Presentation transcript:

Civil Law Procedure First principles – why study? Perspective Truths (laboratory) Reform Globalization Role of lawyer

Civil Law Procedure Role of lawyer (France) Specialization Sale of office / MDP Foreign lawyers

Civil Law Procedure France Specialization Avouve Avocat Conseils juridique Legal adviser Foreign law consultant North Carolina Specialization Litigator (admission) Lawyer In-house lawyer Legal adviser Foreign law consultant

Civil Law Procedure France Sale of office / MDP Avouve Avocat Notary North Carolina Sale of office / MDP Litigator Transactional lawyer Notary

Civil Law Procedure France Foreign lawyer Avocat: pass exam + reciprocity Legal adviser: license required Foreign legal consultant Notary North Carolina Foreign lawyer Lawyer: US law degree + pass exam Lawyer: reciprocity with other state Foreign law consultant Notary

Civil Law Procedure Legal fees Right to compensation Contingent fees Loser pays

Civil Law Procedure Civil law Right to compensation Traditionally – gratuitous Avocat: by agreement, quantum meruit Avoue: fee schedule Common law Right to compensation Traditionally – by agreement No fee schedule for civil cases Court appointment in criminal cases

Civil Law Procedure How do rules on legal fees affect the quality and quantity of litigation (and justice) in a legal system? Consider: Contingency fees Legal aid Fee-shifting (deposits) Settlements

Civil Law Procedure Civil law Contingent fees Traditionally – illegal and unethical Supplemental percent payment permitted Common law Contingent fees Common law prohibits UK: 1990 Act permits up to 25% damages US: state bar rules permit, regulate

Civil Law Procedure Civil law Loser pays Winning party recovers fees from loser (fee schedule / deposit) Exception in govt cases Legal expense insurance Common law American rule Each party pays, unless statute permits shifting UK: 1990 Act permits up to 25% damages US: state bar rules

Civil Law Procedure Civil law Legal aid Personal economic circumstances non-frivolous claim Fee schedule Common law Legal aid poverty criterion Public interest cases funding cuts Staff attorney

Civil Law Procedure Is the “judicare” of European civil law countries superior to our system, which only provides a lawyer to the wealthy and the poor with big claims?

Civil Law Procedure Hypotheticals A French avocat accepts a legal aid case: Would an avocat in litigation be better off by being unsuccessful – and getting paid legal aid rates – than winning and only getting statutory fees? May the avocat waive his legal aid rates and be paid by the loser at a higher schedule? Can the avocat, after success makes client wealthy, demand quantum meruit fee rather than legal aid fee?