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HomeLawyerthe lawyers reassembled against the Court of Cassation

the lawyers reassembled against the Court of Cassation

The Keeper of the Seals, Éric Dupond-Moretti (here in his office, in September), promised before the National Conference of Presidents of the Bar a specific decree so that “the appointed lawyer with a permit in the context of police custody (can) allow all employees of his firm to benefit from this same permit”. François BOUCHON/Le Figaro

Prison, police custody… The highest court of the judiciary reminded criminal lawyers of the prohibition on delegating their actions to their collaborators. A decision that created a stir among lawyers.

An overly formalistic interpretation of the code of criminal procedure which breaks with a century of practices and sets fire to the powder. Several decisions of the criminal division of the Court of Cassation during the last quarter have created a stir among lawyers and the anger of the Keeper of the Seals, Éric Dupond-Moretti. These judgments stipulate that a client can only be represented by the officially appointed lawyer, and in no case by his associates or collaborators. However, whether it is assistance in police custody, visits to detention to prepare a case, taking action before the investigating judge or appealing a court decision , it is customary for an appointed lawyer to delegate actions to a collaborator or partner, so as not to leave his clients waiting. And this for a century…

The case has moved so much that the National Bar Council issued a resolution at its general meeting on January 14. This interpretation of…

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