Le cabinet d’avocats – une entreprise comme les autres ?

Abstract

1. The spatial borders for law firms have been extended over the last 40 years from national to European and finally global. Big law firms now comprise hundreds or even thousands of lawyers. The “legalisation” of the daily life of people and companies made business grow further and partially absorbed the largely increasing number of lawyers.2. European law had a strong influence.2.1 Freedom of movement and services were first imposed to the legal profession and then contributed to changing the minds with the result of finally making lawyers think global.2.2 The European Commission fought against bars and bar rules as being anti competitive.2.3 The ECJ equilibrated the law firm as an enterprise and simultaneously a pillar of the justice system.3. National law changed.3.1 / 3.2 In Germany as in France rules were modernised without giving up the core structure of the profession.3.3 Quasi-revolutionary changes took place in England. The Legal Services Act introduced new structures for regulation and complaints reducing the autonomy of professional bodies. Law firms were allowed to be owned by non lawyers.4. The border line between business and organ of justice.4.1 Pushing the borders was necessary because people and companies acquired a new space and lawyers shall act where people live. Global law firms face a special challenge to remain truly lawyers. Most of them succeeded. Subjecting lawyers to competition law was necessary but it does not imply that a law firm is like any other business.4.2 When defending liberty against government and when putting client’s interest above personal interest a lawyer is different from business people. Liberty may be under attack even in Western societies. (i) A government appointed regulator is a danger to the independence of the profession and a bad example for less democratic states. (ii) Non lawyers owning law firms will necessarily seek profit maximisation or the satisfaction of other personal interests. ABS therefore are a threat for independent defence and advice. A law firm is an enterprise, but an enterprise of a special kind.