in respect of the application of Law n° 1047 of 28 July 1982 on the practice of avocats-défenseurs and avocats
(17 septembre 1984)
Considering the article of the Constitution of 17 December 1962;
Considering Law n° 1047 of 28 July 1982 on the practice of avocats-défenseurs and avocats, especially article 1 and article 41;
CHAPTER I -Article 1 - Any candidate for the training programme, which is required by article 1 number 6 of Law n° 1047 of 28 July 1982 to be admitted to practise law, must comply with the conditions provided for by numbers 1 to 3 of the said article of that law and with the condition provided for by article 1 number 5, unless exempt pursuant to article 2 of the law; according to number 4 of the law, he or she must also be the holder of either a French master of law degree diploma issued by a French University of Law or of a similar diploma recognised by the committee composed as set out in article 2 hereinafter. The holder of a law degree issued before 1st June 1954 is considered similar to the holder of a master of law degree. The same is true for law graduates who received their law degree when this covered four years of study at a University of law.
Article 2 - The committee is composed of the Directeur des Services judiciaires as chairman and the following other persons: - the First Presiding Judge of the Court of Appeal; - the Public Prosecutor; - the President of the Bar; - the Directeur du contentieux et des études legislatives; - the Head of National Education, Youth and Sport. Should there be an equal number of votes, the chairman shall have the casting vote. If necessary, the operating conditions of the committee shall be fixed by an order of the Directeur des Services judiciaires.
Article 3 - The training admission examination referred to in article 3 of Law n° 1047 of 28 July 1982 includes written and oral admission tests.
Article 4 - The written admission test consists of: 1° a general knowledge test on a subject related to the institutions of the Principality of Monaco, lasting three hours; 2° a law test on either an issue regarding Monegasque civil law or civil procedure or comment on a judgment given by a Monegasque court, lasting three hours.
Article 5 - The oral admission test consists of: 1° a test on Monegasque civil procedure or criminal procedure; 2° a test on the role of an avocat in Monaco, legislation governing the profession and legal ethics; 3° a presentation, lasting 10 minutes after one hourеs preparation, followed by a discussion with the examining board on a subject to test the candidateеs general knowledge and his or her ability to express himself or herself orally.
Article 6 - Each written or oral test receives a mark from 0 to 20. Any mark below 5 counts as a fail. The oral presentation provided for by article 5.3 receives a rate equal to 300 percent. The candidate will only be admitted if he or she has received a general average mark of 10 for the written examinations. Such admission is only valid for any examination during which it has been achieved. The candidate will only be admitted if he has received a total of 60 points for oral tests.
Article 7 - The admission examination is organised during the last quarter of the calendar year. The date of the tests will be fixed by an order of the Directeur des Services judiciaires. According to the circumstances, an additional examination may be organised during the second quarter of the calendar year.
Article 8 - The examination board, the members of which are appointed by an order of the Directeur des Services judiciaires, are composed as follows: - a judge of the Court of Appeal chosen at the suggestion of the First presiding judge; - a magistrate of the office of the Public Prosecutor chosen at the suggestion of the Public Prosecutor; - a judge of the Court of First Instance, chosen at the suggestion of the Presiding judge; - the President of the Bar or his or her representative; - a university arts teacher appointed on a list of three teachers presented by the Head of National Education.B The judge of the Court of Appeal will be the chairman of the examination board.
Article 9 - At the end of the examination, after having established that the candidate has passed and may be admitted to the training programme in accordance with the conditions provided for in this chapter, the examination board draws up the minutes which are signed by each of the members and forwarded to the Directeur des Services judiciaires.
Article 10 - The candidate being admitted to practise as a trainee lawyer in accordance with the second paragraph of article 3 of Law n° 1047 of 28 July 1982 shall take the oath provided for by article 9 of the said law and be registered on the list of trainee lawyers. The taking of the oath must take place within two months of the publication of the order of the Directeur des Services judiciaires.
CHAPTER II - THE DUTIES OF TRAINEE LAWYERSArticle 11 - Trainee lawyers are subject to the following duties:
1° he or she must attend the hearings of the various courts on a regular basis; 2° he or she must defend legal aid cases, of which he or she would have been in charge by way of legal aid;
3° he or she must be working in the law office of an avocat-défenseur, whom he or she will be obliged to assist without this duty causing any legal commitment, unless this is impossible as recognised by an order of the Directeur des Services judiciaires;
4° he or she must steadily follow any lectures and training at the courts as defined under sections 1 and 2 of this chapter.
Section 1 - Training lectures
Article 12 - During the period of training, lectures will be organised by and under the direction of: - the President of the Bar or his or her representative; - the heads of the courts or the Public Prosecutor; - the Directeur du contentieux et des études legislatives or his or her representative.
Article 13 - Lectures given by the president of the Bar or his or her representative deal with the rules of the practice as avocats-défenseurs or avocats, ethics, the preparing of files, the writing of pleadings and the techniques of lawyersе addresses to the court.
Article 14 - Lectures given by the judges deal with private law. They include general presentations on the rules regarding the main subjects of private law and must highlight the distinctive features of Monegasque legislation and case law especially compared with French legislation and case law. The judges in charge of such lectures are appointed by the Directeur des Services judiciaires upon recommendation by the heads of the courts or the Public Prosecutor as the case may be. The specific qualification of the appointed judge with regard to the legal subject dealt with is taken into account.
Article 15 - Lectures given by the Directeur du contentieux et des études legislatives or by his or her representative deal with public law. They deal especially with constitutional principles as well as the rules of jurisdiction of the Supreme Court, the procedure to be applied and the main judgments in case law issued in constitutional and administrative matters.
Article 16 - Each person responsible for training as mentioned in article 12 has the option to deal with any subject defined under articles 13, 14 and 15 once it has been agreed with the person usually in charge under the said articles. He or she may also be assisted or replaced by any qualified person, once authorised by the Directeur des Services judiciaires.
Article 17 - An order of the Directeur des Services judiciaires determines the number of lectures to be given within a quarter. The date and hour of the lectures is fixed by the person in charge of them and forwarded to the trainee lawyer.
Article 18 - At the end of the training programme, the circumstances relating to how the trainee lawyer has followed the lectures, especially regular attendance, are the object of opinions given by the President of the Bar, the heads of the courts, the Public Prosecutor and the Directeur du contentieux et des études legislatives for each of the persons concerned. Such opinions will be forwarded to the Directeur des Services judiciaires.
Article 19 - The lectures referred to in articles 14 and 15 may be attended by civil servants from the office of the Directeur des Services judiciaires with his authorisation or by civil servants from other administrative offices with the authorisation of their head of office. The Directeur des Services judiciaires may also authorise other persons than civil servants, the activity of whom justifies such attendance, to attend such lectures.
Article 20 - During the last six quarters of training, the trainee lawyer is obliged to follow the works of various courts and of the office of the Public Prosecutor for periods of time not exceeding two months for each training period and according to the conditions defined by the heads of the courts and the Public Prosecutor respectively. Training must take place in particular with the justice of the peace, at the court of first instance, the court of appeal, the arbitration committee and the office of the Public Prosecutor.
Article 21 - At the end of each training session, the trainee lawyer will write a report summarising his or her activity at the court concerned. Such report will be forwarded to the head of this court.
Article 22 - The heads of the courts and the Public Prosecutor will forward the opinion provided for by article 18 to the Directeur des Services judiciaires, together with training reports and their related comments.
Section 2 - End of training period
Article 23 - Once the trainee lawyer is admitted to practice as a lawyer, he will be registered on the roll of the Bar of avocats-défenseurs and avocats. Otherwise, he or she will be deleted from such roll.
Article 24 - Should the training period be extended for a one year period or for two periods of one year pursuant to article 4 number 1 of Law n° 1047 of 28 July 1982, the decision of the director may specify the kind of lectures or training at the courts which are again to be followed by the trainee lawyer.
CHAPTER III - THE OPERATING RULES OF THE BARArticle 25 - The committee of the Bar is composed of the President of the Bar, a reporter (syndic-rapporteur) and a treasurer (syndic-trésorier). They are elected by the avocats-défenseurs and avocats convened in this respect by the President of the Bar in practice and at a general meeting held in the room of the Bar at the Law Courts within at latest the month following the start after court vacation.
First, there is the election of the President of the Bar, who must be chosen amongst the avocats-défenseurs having practised for ten years from their registration on the second part of the roll. Then follows the election of the reporter (syndic-rapporteur) and the treasurer (secrétaire-trésorier), one of whom must be an avocat-défenseur.
Any member of the Bar belonging to the two first parts of the roll is eligible provided that he or she complies with the conditions set out in the preceding paragraph.
The election of each member of the committee of the Bar is preceded by the candidates being called, which must occur before the beginning of the meeting. The meeting gives the name of the candidates being proposed. If there is no candidate, each member of the Bar belonging to the two first parts of the roll can be appointed.
Election takes place in accordance with the conditions fixed in article 11 paragraphs 4 and 5 of the above mentioned law.
In case of a vacancy in the course of the year, a successor will be elected within the month of the date of vacancy for the remaining period of office in accordance with the conditions provided for by this article.
Article 26 - The committee may only deliberate if it comprised at least two members. If the votes are equal, the chairman has the casting vote. The President of the Bar convenes the committee at least once a year and also each time he or she thinks fit or upon reasoned request of a member of the committee. He or she convenes and presides over the committee meetings. The reporter (syndic-rapporteur) is the prosecuting party against the avocats-défenseurs and avocats before the committee. He or she is heard prior to any resolutions of the committee being obliged to decide on his or her requests. He or she has the right to convene the committee just as the President of the Bar, but only after having informed the latter. He or she guarantees the execution of the resolutions. In his or her capacity as a reporter, he or she gathers any useful information about avocats-défenseurs and avocats and reports it to the committee of the Bar. The treasurer (syndic-trésorier) manages the funds required for the operating of the Bar. He or she draws up the minutes of the meetings and keeps them in the records.
Article 27 - Any resolution of the committee of the Bar and of the general meetings is reasoned and signed in the original minutes by all the members attending. Certified copies are signed by the secretary. Registers of the resolutions are forwarded to the Public Prosecutor.
CHAPTER IV - PROVISIONS IN RESPECT OF THE RIGHTS AND DUTIES OF AVOCATS-DEFENSEURS AND AVOCATS
Article 28 - Avocats-défenseurs and avocats must actually practise law in the Principality of Monaco. They are obliged to have an office in order to perform their functions with dignity required by the practice of that profession.
Article 29 - Avocats-défenseurs or failing whom avocats must come within the jurisdiction of the courts or replace the judges as provided for by the law. They are called to be part of the legal aid office.
Article 30 - At any hearings the avocats-défenseurs and avocats must wear their black woollen gown closed in the front with wide sleeves rolled up, and a black woollen cloak over their left shoulder, with a line of white fur at the ends, a white hanging pleated tie and a black woollen hat, which is optional.
Article 31 - Avocats-défenseurs and avocats stand up while addressing to court (final pleadings). They must take off their hat to read the pleadings and exhibits.
They also stand up without their hat whilst the judges pronounce their decision.
Article 32 - Once the avocats-défenseurs and avocats have started defending one party, they cannot be in charge of the defence of the other party or of his or her legal successors without the formerеs approval.
Article 33 - If during the lawsuit an avocat-défenseur or avocat is sick or otherwise held up, he or she shall inform the presiding judge of the court referred to as well as his or her client in writing and in case of emergency be replaced by another avocat-défenseur or avocat without prejudice to the provisions of article 40 of the above mentioned law.
Once a substitute has been appointed, he or she shall plead the case in court unless postponed to a further hearing date.
Article 34 - If an avocat-défenseur or avocat neglects the defence of his or her client, in particular by failing to attend a hearing, and does not take into account the order of the presiding judge of the court referred to, he or she will liable to disciplinary punishment without prejudice to reimbursement of costs caused by his or her delay.
The same is true for any avocat-défenseur or avocat who does not comply with the order of the Public Prosecutor further to the claim of a client.
Article 35 - The lawyer is obliged to follow the case of which he is in charge until final judgment is given. He or she has the right to hand over the case if he or she thinks fit provided the client has been informed sufficiently in advance in order to choose another lawyer.
Article 36 - Avocats-défenseurs and avocats are appointed in turn in accordance with the provisions of the Monaco codes of civil procedure and of penal procedure in order to assume representation and defence of legal aid parties.
They may only refuse their services if they show legitimate reasons. If the reasons put forward are admitted, other avocats-défenseurs or avocats will be appointed. Otherwise they must comply with their obligation.
Article 37 - During any court recess, the committee of the Bar makes sure that in criminal matters the defence of those who have asked for a lawyer appointed by the court be dealt with as provided for by the provisions of the Monaco code of penal procedure.
Article 38 - The title of honorary avocat-défenseur or of honorary avocat may be granted by the Prince to the avocats-défenseurs and avocats who have not practised for more than twenty consecutive years, pursuant to the report of the Directeur des Services judiciaires, who will take and attach the opinions of the First presiding judge and of the Public Prosecutor.
Honorary avocats-défenseurs or honorary avocats have the right to attend the general meetings of the committee of the Bar. They have consultative voice.
CHAPTER V - INSURANCE COVER IN RESPECT OF PROFESSIONAL LIABILITYArticle 39 - The insurances provided for by article 28 of the above mentioned law must include a cover in an amount at least equal to five million French francs a year for each member of the Bar. This figure may however be reduced to FF 600,000 for theft risk and to FF 240,000 for the destruction of archives.
The first loss payable by each member of the Bar who is beneficiary of the insurance cannot exceed 10% of the indemnity due.
Article 40 - The professional risks insurance mentioned at article [ ] number 2 of the above mentioned law applies when an avocat-défenseur does not pay funds or does not give the stocks and shares he or she received from a client while practising law. The obligation of the insurer results from a request to pay or to make restitution if the request has been refused or has been ineffective during a period of one month from service of such request and if it has been proved that the debt is due for immediate payment. The writer of the request and the avocat-défenseur inform immediately the President of the Bar of the said request.
Article 41 - Any avocat-défenseur, avocat or trainee lawyer, who is subject to an action before the court because of his or her professional activity must inform the President of the Bar of such action.
CHAPTER VI - TRANSITORY PROVISIONS AND REPEALSArticle 42 - Proof of insurance to be given by the President of the Bar pursuant to article 28 of the above mentioned law must be forwarded to the Public Prosecutor the first time within three months from publication of this order.
Article 43 - Sovereign Orders n° 3212 of 23rd April 1946, n° 1107 of 25 March 1955, n° 3012 of 12 July 1963 and n° 3593 of 8 June 1966 as well as any provisions of this order to the contrary are repealed.