Auxiliaries of justice

With uxiliaires of justice, together of the professionals, external with the public office, convergent with the administration of justice.

The auxiliaries of justice have jointly to take part in the execution of the public utility of justice, while exerting a liberal profession. One gathers in the category of the auxiliaries of justice lawyers, the solicitors and the ushers.

The lawyers exert a liberal profession and independent, organized in professional orders or bars.A law of December 31, 1990 gave rise to a new occupation of lawyer resulting from the fusion of the old occupations of lawyer and legal council. Previously, the latter had the right to give legal consultations, but not that to represent their customers in front of the courts. The lawyer, entered on examination a center of vocational training or CFPA, receives a formal training and practical sanctioned by the certificate of aptitude for the occupation of lawyer (WRAPPED). Man of law, it represents his customer, assists it, gives consultations and writes legal documents. It is said that the lawyer postulates when it proceeds to the setting in state of the file and that it pleads when it endeavours, by the word, to convince the judges in the court. The lawyers have a monopoly, i.e. the applicant must obligatorily resort to his services to carry his litigation in front of the court. However, there are exceptions, as in front of the magistrates' court where the private individuals can defend themselves or to be made represent by a member of their family.

The solicitors are members of the legal profession whose role consists in representing the parts in front of the courses of call. After having undergone successfully an examination of professional capacity and to have bought their load, they are allowed to exert by the general assembly of the magistrates of the seat of the Court of Appeal.

Present in the courts since the Early middle ages, the ushers belong to a liberal profession, organized in a co-operative and hierarchical way. After having made a success of the professional examination, the bailiff is named on decision of the Minister for Justice, after reasoned opinion of the departmental room of the ushers and the public prosecutor. He then manages a study with the collaboration of one or more clerks. He intervenes either in the capacity as auxiliary of justice, to mean judgement for example, or within purely deprived framework, at the request of a creditor. Wearing the dress, the usher is also in charge of the service of audience of the courts, i.e. of the assistance to the audiences, the call of the causes and the load of the significance of the acts.

Agents of confidential information, the lawyers, the ushers and the solicitors are held with the professional secrecy and must show an infallible probity under penalty of sanctions.