Through Nicolas claich
Published on
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Update. A calming amendment
At the same time when the lawyers of Caen were meeting on the steps of the courthouse, the Keeper of the Seals tabled an amendment before the National Assembly, to delete paragraph 2 of the article which posed a problem, “to respond to concerns of the profession ”, indicates the Ministry of Justice. This paragraph dealt with possible “instrumentalizations” of the lawyer. The Assembly adopted this amendment in the evening. “The only exception that remains concerns financial offenses such as tax fraud,” said the ministry.
In addition, the role of the president, whose presence during any searches is guaranteed, is also reinforced.
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Tuesday, November 16, 2021, around fifty lawyers from the bar of Caen (Calvados) gathered on the steps of the Gambetta courthouse, seat of the court of appeal.
They had deployed a message: “Protecting your freedoms means protecting what you entrust to us”. Like their colleagues from all over France, they intended to express their disagreement with the bill “for confidence in the judicial institution”, carried by the Minister of Justice Eric Dupont-Moretti. Particularly concerning the article on professional secrecy.
“Without secrets, no trust”
Me Nathalie Lailler, the chairman of the Caen bar, insists:
This is not the secrecy of lawyers, but that of our clients. Without secrecy, there is no trust, and without trust, no confidences. However, the lawyer needs to know all the elements of a case to effectively defend his client.
“A question of freedom”
Lawyers fear that this bill, studied at the same time in the National Assembly before being discussed, this Thursday, November 18 in the Senate, will open “a gaping breach” in this foundation of their profession which is secrecy. exchanges with their customers.
“The government explains that the objective is to fight against corruption and money laundering,” explains Me Lailler. We can only agree, but not at the cost of our clients’ secrecy. It is a question of freedom ”. According to lawyers, this bill would facilitate searches of offices or wiretapping.
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