16 ♦ PRACTICAL
www.thebugle.eu ○ THE BUGLE ○ DECEMBER 2013
Legal representation in France Lawyer Prune CALONNE explains the French legal system and gives you practical tips on how to ensure you get the best representation in France.
A
n “avocat” is a solicitor with a right of audience. He or she meets clients, gives legal advice, drafts contracts and letters (final notice), prepares cases for trials and pleads before French Courts and Tribunals. The French civil procedure code states that parties MUST be represented when the case is tried before the “Tribunal de Grande Instance”, (TGI - the French equivalent of the High Court for civil law matters) and the Court of Appeal. You have to seek representation amongst lawyers who are enrolled on the Bar Council list (“Ordre des Avocats”) at the local TGI. To find a lawyer, call the “Ordre des Avocats” who will inform you which local lawyers speak English. In theory and in accordance with this set of rules, you do not have to be represented by an “avocat” in any other procedure. However as a general practitioner, I would recommend that you seek legal help if you are involved in ANY lawsuit in France and even before any litigation is initiated, when you feel things are not quite right. The best lawsuit is a lawsuit that is avoided. Clients can pick the lawyer they wish. If you are involved in a lawsuit before the local TGI or Court of Appeal, the lawyer that you choose, if not enrolled at the Bar before the court where the case is tried, will have to take an “avocat postulant”, which is a lawyer who is enrolled at the Bar of the place where the lawsuit is taking place. Therefore you will have to pay
the main lawyer to handle your case and another as a spokesperson linking the Court to your main lawyer and vice versa. The latter will charge a lump sum (around €600/700 before the TGI, a bit more for the appeal procedure as it is more complex). To choose the right lawyer, I would advise you to ask friends and acquaintances if they can recommend anyone. If you know an English-speaking lawyer in France, keep them and they will decide if an “avocat postulant” is needed. If you do not know of any English-speaking lawyers, call the local Bar Council (“Ordre des Avocats”). Picking the lawyer that offers the cheapest rate can be tempting but beware of hidden extras not included in the price. The best way to find a competent English-speaking French lawyer you get along with (and putting aside the fear of the costs) is to call him or her and ask whether they speak English and what their fees are. If you are satisfied with their language skills and you made good contact on the phone ask for an appointment. If by the end of the appointment you are happy, you have found the right lawyer. If you are not satisfied, just ask to pay for the appointment and carry on looking. You have to be at ease because of what is at stake. Fees are freely fixed by the “avocat”. Discussing this with your lawyer is not a problem. Legal ethics state that lawyers’ fees may vary according to several criteria, such as the complexity of the case,
financial situation of the client, time spent on the case, etc. Note that the “no win no fee” rule does not apply in this country. If the case is lost, fees will be requested. If the ruling is to your advantage and sums are awarded, the “avocat” can ask for a retainer and a percentage of the amount. If you are reluctant to get legal advice or ask for representation because of not knowing how much it will cost, ask for a fees agreement to be signed beforehand. A percentage of lawyers’ fees may be covered by your home insurance. With this type of insurance, legal protection is often included. You should check that you have taken that option first. In this hypothesis, like in any other situation, you are FREE to choose the lawyer you wish. The insurance company CANNOT oblige you to choose a lawyer that they have agreements with, even if they tell you otherwise.
However, if the legal protection through the insurance covers some of the lawyers’ fees, it is likely that you will be asked for an additional amount. Lump sums paid by insurance policies are limited to a few hundred euros and are not enough to pay for your lawyer’s work. • Ethics demands that a fees agreement is signed if legal protection is used. • Legal protection only covers legal fees in case of a lawsuit. • One exception to this rule, divorce procedures! • It does not function for legal advice or for contract drafting.
are at ease with your lawyer. To achieve this, looking around is important and seems normal to British nationals. Please remember that counselling and representing Englishspeaking clients in France takes time, energy, dedication, language, legal skills and experience. Legal services are indeed services but with potentially significant consequences for you and your family so please think it through.
If your income is below a certain threshold, you may be entitled to legal aid (“aide juridictionnelle”).
For more information, please contact: Prune CALONNE, Avocat, 117 Route d’Albi, 31200 Toulouse Phone: 0033 (0)5 34 30 51 33 Email: scpcalonneadouedugast@ hotmail.fr
Finally, I have noticed a cultural difference between the French and the British. As mentioned previously, it is paramount that you
My firm can arrange appointments in CAHORS at our correspondent’s offices. Please do not hesitate to contact us for more details.
Tax Tips for French Residents
W
ith the e v e r changing worldwide economy, fluctuating stock markets and interest rates, it is not easy to keep track of what is happening and its effect on your money. However, there is one thing that it is certain – we all have to pay tax. The French taxation system is different to what you may be used to in the UK and there are some important facts to know if you are resident in France and, therefore, liable for French taxes. Siddalls have put together a quick guide to French tax to help you keep your tax liability to a minimum.
Tax tips for UK expatriates tax resident in France 1. On becoming French tax resident it is your responsibility to make yourself known to the tax authorities and to declare fully your income, capital gains and wealth. Once you have made your first tax return your local tax office will automatically send you a declaration in future years. 2. Take advantage of French tax free bank accounts for immediate access deposit funds. The main accounts are the Livret A (maximum holding €22,950 per person) and the Livret de Développement Durable (maximum hold-
ing €12,000 per person).
sets passing to children.
3. Take steps to place long-term investment funds in tax efficient structures to keep taxable income to a minimum. “Unsheltered” investment income is liable to income tax and “social taxes” and may also be liable to healthcare contributions, if you do not qualify for free access to the French system.
5. “Do as the French do”. They take active and sensible steps to avoid unnecessary taxation. Seek advice from a qualified financial adviser, fully authorised in France, who will have access to a range of solutions and products tailored to your specific circumstances and needs.
4. French inheritance tax may not be as bad as you fear. The allowances for assets passing to children may be lower than the UK but so are the rates. There are ways of reducing, and possibly removing, any liability to French inheritance tax on as-
Peter Wakelin is Regional Manager of Siddalls France, Independent Financial Adviser, specialised in tax, inheritance, pension and investment planning for the British community in the Limousin since 1996. Telephone 05 56 34 75 51 - Email bordeaux.office@siddalls.net www. siddalls.fr