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IFL-AVOCATS
19 Avenue Rapp
75007 PARIS - FRANCE

Tél : + 33 1.45.55.72.00
Fax : + 33.1.47.53.76.14
Mail : ifl@ifl-avocats.com

Société Civile Professionnelle d'avocat membre :

  • Eurojuris International Du réseau : Eurojuris France, une association nationale du 1er groupe européen de cabinets d'avocats indépendants.
  • D'une association agréée acceptant le règlement des honoraires par chèque

The right to practice as a Lawyer isn't a good protected by the right of property

"The right to practice as a Lawyer doesn't constitute, as such, a good protected by article 1 of the first protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, notwithstanding any violation of the patrimonial value which could be attached to it."

The right to exercise as a lawyer and the right of property

The 1st chamber of the Cour de Cassation (French supreme civil and commercial court) in a decision rendered in November 22, 2007 has confirmed a decision of the Paris Court of appeal rendered in May 18th 2006. The Court of appeal had rejected the interpretation of a lawyer who considered that the provisional suspension of his practice should have been deducted to the temporary interdiction to exercise that has been pronounced against me.

The question was: should the 10th months provisional suspension have been deducted from the definitive three year interdiction to practice?

The sanctioned lawyer's argument was that:
- The right to exercise the profession of lawyer is a good protected by article 1 of the 1st addendum to the European Convention for the Protection of Human Rights and Fundamental Freedoms.
- The refusal to deduct the temporary sanctions to the definitive sanctions is an excessive breach of this right and therefore to the European convention.

The French Supreme Court hasn't followed this argumentation. For the supreme judges, the right to practice the profession of lawyer doesn't constitute a good which could be protected by the 1st protocol to the European convention on human rights which states that: