▸ Area 05
Legal professions
The legal and judicial professions serve a public-interest function that requires, in return, that they be able to practice without facing unlawful accusations or pressure contrary to their ethical obligations.
Lawyers, judges, notaries, court clerks, and in-house counsel are subject to specific legal regimes that organize both their duties and their protections. Among these protections, the lawyer's attorney-client privilege (secret professionnel) occupies a central place: it guarantees the confidentiality of exchanges between lawyer and client, an essential condition of the trust on which any defense rests. This privilege can be tested during searches of law firms, seizures at clients' premises, or requisitions addressed to in-house counsel.
The firm's practice in this field follows three lines of work. The first is assistance during searches and search-and-seizure operations (perquisitions, visites et saisies) at law firms and in-house legal departments. This practice draws on experience gained since 2017 within the team of delegates of the Bâtonnier (the head of the Paris Bar), alongside former deputy bâtonnier Vincent Nioré, in protecting attorney-client privilege during searches. The second line is training lawyers and in-house counsel in the legal regimes governing professional secrecy and the confidentiality of legal advice, as well as in best practices when facing a search or a requisition. The third line is the defense of legal and judicial professionals facing proceedings before disciplinary or criminal courts.
A democratic society needs legal professionals who are independent and protected against abusive proceedings. It is in this conviction that this practice is grounded.
Matters
- Assistance during searches and seizure operations (perquisitions, visites et saisies) at law firms, companies, and legal departments
- Protection of the lawyer's attorney-client privilege (secret professionnel)
- Confidentiality of legal consultations by in-house counsel
- Training on the legal regimes of professional secrecy and best practices when facing a search
- Defense of lawyers, judges, notaries, court clerks, and in-house counsel facing proceedings
- Disciplinary proceedings for regulated legal professions
- Freedoms and professional ethics of the lawyer
- Relations between lawyers and investigating and prosecuting authorities
Forums
- Disciplinary councils and other disciplinary bodies
- Court of Appeal (chambre de l'instruction — challenges to seizures)
- Tribunal judiciaire (disciplinary and criminal proceedings)
- Independent administrative authorities (depending on the profession concerned)
Frequently asked questions
What happens if investigators arrive at a law firm?
A search of a law firm follows specific rules designed to protect attorney-client privilege. As a rule, the Bâtonnier or their delegate must be present during the operation to ensure that only documents not covered by privilege are seized. The lawyer subject to the search has the right to object to the seizure of privileged documents, under the supervision of the liberty and custody judge (juge des libertés et de la détention). It is advisable to contact the Bâtonnier or a lawyer immediately, before the operation begins or as soon as it starts.
Is the confidentiality of in-house counsel's legal consultations equivalent to attorney-client privilege?
Attorney-client privilege is an absolute privilege, long protected by statute and case law, though it has exceptions in its enforceability against third parties. The confidentiality of in-house counsel's legal consultations was established by the law of February 23, 2026; its regime is distinct and less extensive. Conditions of form and substance govern the protection of in-house counsel's legal consultations, and their enforceability in the event of a search or requisition follows its own rules. Companies have an interest in establishing documentary practices that clearly identify which legal consultations fall within this confidentiality.
Can a lawyer face disciplinary proceedings for statements made in the course of a defense?
A lawyer's freedom of expression in carrying out a defense is protected, but it has limits. Statements made in oral argument or in written submissions benefit from a qualified immunity, but serious ethical breaches can give rise to disciplinary proceedings before the Conseil de discipline (disciplinary board). The line between the legitimate exercise of defense and an ethical breach can be delicate to draw, and defending against such a charge requires thorough knowledge of the profession's ethical rules.
What remedies does a lawyer summoned before a disciplinary body have?
Disciplinary proceedings before the Conseil de discipline must respect the rights of the defense: the right to be informed of the facts alleged, access to the file, and the right to be heard and assisted. Decisions of the Conseil de discipline may be appealed to the Court of Appeal. Certain sanctions (suspension, disbarment) may be suspended. Retaining a lawyer distinct from the one facing the proceedings is strongly recommended as soon as the summons is received.