Cabinet CHAVERON

French avocat, compared to his UK counterpart (i.e.solicitor), meets clients, gives legal advice, drafts letters and contracts and prepares the client's case for trial, but is also allowed to appear before a judge. If you want to start legal proceedings, or if you are accused of something and need to defend yourself, you may, or in certain cases must, take on an avocat.

There are cases where if you do not have an avocat, then you will not be legally represented (in divorce proceedings, for example), and others where the services of an avocat are not compulsory (correctional procedures, or hearings before industrial tribunals, for example).

The client always has a choice as to which avocat represents them. In reality, several factors will dictate this: geographical proximity, the skill of counsel on this particular subject, whether he/she is on the bar where the litigation takes place, or comes recommended by a friend/ member of the family etc. Very often, clients are reluctant to consult an avocat or to ask for representation because they do not

know how much it will cost them.

In France, the fees of an avocat are not fixed. Rather, the avocat and the client are free to agree a fee between themselves based mainly on four criteria:

* The importance of the case

* The financial situation of the client

* The time spent

* The complexity of the case

The fees of the avocat may also be covered, in part or in full, by your insurance if you have a contract covering you for legal protection. This cover often comes with your house insurance. The majority of French insurance companies offer this to their clients. You must check if your case is covered by this insurance and to what thresholds.

The simplest way is to contact your insurer and explain your problem. If your income is below a certain threshold, fixed each year by law, you may also be eligible for l'aide juridictionnelle (legal aid)

L'aide juridictionnelle - Legal aid: Legail aid entitles the recipient to free assistance from a lawyer (avocat) or other legal practictioner (bailiff, expert etc) and to exemption from court costs. Legal aid is given by the legal aid office (bureau d'aide juridictionnelle) at the Regional Court (Guéret if you live in

the Creuse, Limoges if you live in Haute-Vienne) subject to requirements as to income, nationality, residence and admissibility. You may receive legal aid if

the average of your combined resources for the preceding year (excluding family allowances and certain welfare benefits) does not exceed a certain threshold set by statute each year. For example, legal aid applications made in 2011 are examined on the basis of the income received in 2010. From 1st January 2011 the monthly limit for a single person is 929 € for full legal aid and 1,393 € for partial

legal aid. These limits are increased according to the number of dependent persons living with you (husband, partner, children, parents...):

* 167 € for the 2 first persons

* 106 € for subsequent persons

You are entitled to legal aid if you are a French national, a citizen of the European Union, or a foreign national habitually and lawfully residing in France.

Legal aid is also given without a residence requirement to foreign nationals who are minors, witnesses, placed under formal examination, charged, accused, convicted or have joined a civil action to a criminal prosecution, or where the action concerns entry and residence in France.

Legal aid is give n if the actionis not manifestly inadmissible or devoid of substance (i.e. the case must be valid and have a reasonable chance of success). This condition does not apply to defendants, to persons liable civilly, to witnesses,

to persons under examination, charged or accused, or to persons convicted.

You can obtain a legal aid application form from the Regional Court (Tribunal de

Grande Instance) or from certain town halls (Boussac, Clugnat, for example...) or from the following website:

http://www.vos-droits.justice.gouv.fr/art_pix/Form12467v01.pdf

the legal aid application form must be filled in and the supporting documents specified in it must be attached: these concern your financial resources (your own and those of people who live in your home), a copy of a valid identity or residence card, the subject of your application and the court concerned. All litigants are free to choose their own lawyer. If you qualify for full legal aid, you are still required to pay the droit de plaidoirie (right to advocacy) which is fixed at €13.You do not, on the other hand, have to pay the €35 contribution which is required when a legal case is raised. If you are deemed to be eligible for legal aid, you must start

proceedings in the 12 months following the acceptance of your application. After this time, you will lose the legal aid.