• The legal profession is up against a bill in which parliamentarians have introduced exceptions to the protection of lawyers' professional secrecy.

  • MEPs adopted the text on Tuesday evening, with a last-minute amendment marginally altering the controversial provisions relating to legal professional secrecy.

    The final vote in Parliament is due in the Senate on Thursday.

  • A hundred lawyers mobilized this Wednesday in Paris to demand the deletion of the article.

The government has tried to take a step in the direction of lawyers. But the day after the vote by the deputies of the bill "for confidence in the judicial institution", the black dresses remain mobilized to obtain the withdrawal of the controversial provisions relating to the professional secrecy of lawyers. A hundred of them, coming from several bars in Ile-de-France, met this Wednesday in front of the Senate, which must in turn vote for the text on Thursday. "The demonstration organized yesterday has already made it possible to move things in our direction", notes the president of Paris, Me Olivier Cousi. In an amendment adopted by the National Assembly, the government has in fact chosen to modify at the margin part of the controversial system, without going back on its major balances.

The bill, adopted by 66 votes in favor, 11 against and 11 abstentions, enshrines the professional secrecy of the lawyer in his defense activity but plans to frame it in his advisory activity.

It provides for exceptions for tax evasion, corruption and terrorism.

On the other hand, the modifications made confirm the presence of the President of the Bar during searches in a law firm and remove the exception relating to the situation where the latter has been "the subject of maneuvers or actions for the purpose of allowing, in a manner unintentional, the commission, prosecution or concealment of an offense ”.

"Without secrets, no trust"

"Exceptions to professional secrecy remain and they could appeal to others in the future for other pretexts", fears Me Nicolas de Sa-Pallix, president of the Paris section of the SAF (Syndicate of lawyers of France).

"The text which was voted on yesterday is not the one on which the CNB (National Council of Bars) had voted, we were not consulted", he adds, specifying that the article retains " other provisions to which we are opposed ”. 

Admittedly, the EDM amendment corrects the most serious errors denounced by ADAP.

Of course, case law was inadmissible and we have always fought against it.


But the evil is there: now the law retains 3 exceptions to the opposability of the secret.

Tomorrow others will follow.

pic.twitter.com/uJrYYS48Jd

- Ch. SAINT-PALAIS (@ChStPalais) November 16, 2021

Why do these provisions raise the discontent of the profession?

“Without secrecy, no trust!

», Summarizes Me Thibaud Cotta, member of the collective of lawyers the Black Robe Brigade.

"It will be impossible to do our job if people are afraid to confide in us," he continues, adding "that there was no need to change the law".

“Once you've opened Pandora's Box, there's no reason not to add other exceptions.

We saw it with the state of emergency.

"Our clients need the assurance that they can trust their lawyer, that what they tell them will be kept confidential.

We need all the elements to provide the most effective legal analysis ”, adds Me Olivier Cousi.

"Partisan corporate posture"

Tuesday, at the Bourbon Palace, the Minister of Justice took "note of the position of the CNB" which, like most of the professionals mobilized on Wednesday, calls for the deletion of this controversial article.

"But in conscience and responsibility, I want to consecrate with parliamentarians the major advances" of the text, said the former criminal.

For his part, the LREM rapporteur of the bill, Stéphane Mazars, regretted a “partisan corporatist posture” of the lawyers.

A position that is not lacking

to irritate the participants in the demonstration.

"Our profession is still considered to be incapable of understanding texts", regrets Me Nicolas de Sa-Pallix.

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Why lawyers fear for the future of their professional secrecy

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  • Justice

  • National Assembly

  • Senate

  • Society

  • Eric Dupond-Moretti

  • Lawyer

  • Confidentiality

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