Key Benefits:
The National Bar Council,
Vu la Act No. 71-1130 of 31 December 1971 amended to reform certain legal and judicial professions, including article 14 (2);
Vu le Decree No. 91-1197 of 27 November 1991 Amending the legal profession, including articles 85 and 85-1;
Having regard to the decision of the National Bar Council of 16 May 2008 amending the decision of 11 February 2005 on the modalities for the application of the continuing training of lawyers;
Considering the orientation report adopted by the General Assembly of the National Bar Council on 19 June 2004;
On the reports of the institutional committee for vocational training adopted on 15 January 2005, 15 April 2005, 19 November 2005, 15 December 2007, 8 July 2011 and 18 November 2011;
Recalling that regional vocational training centres are the essential tools of the legal profession for the organization of its ongoing training,
Decides:
Training provided by lawyers, educational institutions or other professional training bodies within the meaning of 2° of Article 85 of the Decree of 27 November 1991.
The continuing training provided by a law firm, educational institution or other professional training agency within the meaning of 2° of Article 85 of the Decree of 27 November 1991 is implemented under the following conditions:
1° Training provided by a law firm:
(a) A lawyer or a lawyer's corporation shall declare its activity as a professional training organization within the meaning of theArticle L. 6351-1 of the Labour Code ;
(b) The solicitor's company designates an associate lawyer with the sticker as follows "relevant training";
(c) A lawyer or a training lawyer submits to CRFPA territorially competent for the office of the training firm, for an annual pre-agreement, each semester or bimonthly, the detailed programme of the training activities carried out respectively during the reporting period. On an exceptional basis, it may submit to CRFPA at any time territorially competent to the headquarters of the training firm for prior approval a training action. The detailed programme includes:
― dates of training;
― duration of each training session;
― treated themes;
― detailed programmes;
― names and professional references of trainers;
minimum and maximum number of training sessions;
― description of the written materials broadcast;
― mode of evaluation of training;
― how identical trainings, without financial counterpart, may be offered to lawyers who are not part of the training firm, or duplicated with a CRFPA;
― the designation of the lawyer "training correspondent" of the lawyer company providing training;
- registration of the declaration of activity as a training agency or proof of filing of the said declaration.
In the event of difficulties in issuing the prior agreement, the CRFPA may request the advice of the National Bar Council;
(d) Training is provided by continuous session for at least two hours;
(e) Each training session gives rise to the delivery to each participant of a training material;
(f) Each session gives rise to the signature of a presence sheet mentioning the identity of the law firm, its address, the subject being treated, the designation of the training lawyer; the attendance sheet is demarcated by the participants in the training and co-signed by the trainer as well as by the associate lawyer "training correspondent";
(g) At the end of each training session, each participating lawyer completes an anonymous evaluation form covering, inter alia, the quality of the material conditions, the quality of the trainer's animation, the interest of the training received, the interest of the educational medium broadcast;
(h) At the end of each training, a certificate of attendance is issued to each participant by the training firm indicating that the training took place in accordance with the implementation procedures established by the National Bar Council; the certificate is signed by the associate lawyer "related training";
(i) The lawyer "supplier training" retains all the presence sheets, written materials and assessment sheets and addresses them to the order sticker on the request of the latter or his delegate;
2° Training provided by educational institutions or other vocational training institutions:
(a) The educational institution or professional training agency shall declare to the competent administrative authority its activity under theArticle L. 6351-1 of the Labour Code ;
(b) The educational institution or training agency shall communicate to the National Council of Bars annually, each semester or bimonthly, the detailed programme of the training activities carried out respectively during the period under review. The detailed programme includes:
registration of the activity declaration of the training organization or proof of filing of the said declaration;
― dates of training;
― duration of each training session;
― treated themes;
― detailed programmes;
― names and professional references of trainers;
minimum and maximum number of training sessions;
― description of the written materials broadcast;
― how the program is distributed and registration conditions;
― mode of evaluation of training;
(c) Training is provided by continuous session for at least two hours;
(d) Each training session gives rise to the delivery to each participant of a training material;
(e) At the end of each training session, each participating lawyer completes an anonymous evaluation form covering, inter alia, the quality of the material conditions, the quality of the trainer's animation, the interest of the training received, the interest of the educational medium broadcast;
(f) At the end of each training, a certificate of attendance shall be issued to each participant by the training institution indicating that the training took place in accordance with the implementation procedures established by the National Bar Council; the certificate is signed by the legal representative of the institution or his delegate.
Colloquiums or lectures of a legal nature or having a direct connection to the professional activity of lawyers within the meaning of Article 85 of the Decree of 27 November 1991.
Colloquiums or conferences of a legal nature or having a direct connection to the professional activity of lawyers within the meaning of the 3rd of Article 85 of the Decree of 27 November 1991 shall be held in the following manner:
(a) The organizer of the symposium or conference shall declare to the competent administrative authority its activity pursuant to theArticle L. 6351-1 of the Labour Code ;
(b) The organizer of the colloquium or conference shall communicate to the National Council of Bars annually, each semester or bimestre, the detailed programme of the events envisaged respectively during the period under review. The detailed programme includes:
registration of the activity declaration of the training organization or proof of filing of the said declaration;
dates of conferences or conferences;
― duration of each conference or conference;
― treated themes;
― detailed programmes;
― names and professional references of stakeholders;
minimum and maximum number of meetings or conferences;
― description of educational materials disseminated;
(c) Symposiums or conferences have a continuous duration of at least two hours;
(d) Each colloquium or conference will give each participant a written documentation;
(e) At the end of each conference or conference, each participant shall be given a certificate of attendance by the organizing body indicating that the conference or conference took place in accordance with the implementation procedures established by the National Council of Bars; the certificate is signed by the legal representative of the organizer or his delegate;
(f) In place of the declaration of activity of the training organization referred to in a of this article, international associations shall have, unless the National Council of Bars has granted, an equivalent authorization or authorization. In addition, in this case, the provisions of b are not applicable;
(g) Items a and b do not apply to symposiums and conferences organized by judicial institutions, the order of lawyers to the Council of State and the Court of Cassation, academic institutions and CRFPA;
(h) The item did not apply to seminars or conferences organized by the bar, the lecture of the stickers, as well as by the CARPAs and UNCA in their field of competence, and upon request for derogation granted to the organizer by the National Council of Bars to seminars and conferences approved within the meaning of Article 7 of this decision.
Teachings provided within the meaning of the 4th of Article 85 of the Decree of 27 November 1991.
The trainings taken into account in the professional framework are those referred to in items 1°, 2° and 3° of Article 85 of the Decree of November 27, 1991, as well as the academic trainings and those provided within the CRFPA in the context of the initial and continuing training of lawyers.
Legal or professional lessons provided by lawyers are validated under the following conditions:
(a) One hour is equivalent to four hours of training received;
(b) If the teaching is duplicated in other training places or in front of different audiences during the year under review, each course, or training session, shall be counted only for a maximum amount equivalent to twelve hours of training received;
(c) The training provided is subject to a certificate issued to the training lawyer, as appropriate, by the CRFPA, the University, the lawyer "training correspondent" of the lawyer company, the legal representative of the educational institution or his delegate under the conditions set out in this decision.
Publication of works within the meaning of the 5th of Article 85 of the Decree of 27 November 1991.
These publications on paper or electronic media published on a website are taken into account the year of their legal deposit.
For essays, articles books and publications, two cumulative criteria are used:
content: published work should address issues related to legal matters, ethics or professional regulations;
― form: all of the publications considered must contain at least 10,000 signs, excluding titles, hats, abstracts and intertitles. Equivalence is set at three hours of training for 10,000 signs so defined. An update corresponds to one third of this equivalence.
The lawyer retains at least one original copy of the book or magazine that welcomed its publication or the written support of the website and the product, in case of application, to the sticker or to its delegate.
Continuous distance training.
Lawyers may not validate more than half of the duration of their continuing training provided for in Article 85, paragraph 2, of the Decree of 27 November 1991 by distance training.
Continuous distance training is implemented under the following conditions:
(a) The organizer of remote training modules shall declare to the competent administrative authority its activity in accordance with the Articles L. 6351-1 et seq. of the Labour Code ;
(b) It shall communicate to the National Council of Bars annually, each semester or bimonthly, the detailed file on the distance training modules proposed during the reporting period comprising the following:
- proof of registration of the activity declaration of the training organization;
― detailed programs mentioning:
- the themes addressed;
― the description of the content of the educational materials distributed to participants;
- the identification of the level of education, the legal nature and the specialization concerned, according to the criteria defined by the National Council of Bars;
- identification of scientific authors and the method of learning according to educational objectives;
― the indication of the number of hours of effective training corresponding to the duration of use of the module;
― mention of the last update date of the module;
― the verification of the practical acquisition of the contents by mandatory controls ( exercises, QCM...) ;
― the production of the training contract with the regional training centre for lawyers, or in default with the learner, specifying in particular the objectives and educational means implemented;
― the terms of distance accompaniment or tutoring of the learner;
― the justification for an evaluation process and tools for measuring educational effectiveness by the user;
(c) The follow-up of the remote training module gives rise to the delivery of written documentation to each participant;
(d) At the end of each module, a follow-up certificate is issued to each participant indicating that the module was carried out in accordance with the implementation procedures established by the National Bar Council; the certificate is signed by the legal representative of the organizer or his delegate.
Mutual recognition of continuous training hours with other states.
Continuous training hours or credits followed or provided abroad by lawyers enrolled in a French bar may be taken into account in the fulfilment of their continuing training obligations in accordance with the rules set out in this decision.
The board of professional training of the National Bar Council is competent to resolve the difficulties of applying the preceding paragraph that will be transmitted to it by orders or lawyers.
Approval of training actions or training institutions by the National Bar Council.
The National Bar Council approves training institutions or training activities for lawyers other than those organized by academic institutions and law firms.
This type-approval allows, on the one hand, to identify the training actions in accordance with the implementation procedures established by the National Bar Council and, on the other, to guarantee their quality.
The legal or professional training activities carried out by CRFPA are approved by law.
The registration is issued by the National Council of Bars, on the proposal of the Commission of Vocational Training, for a specified period, after the advice of a scientific committee, whose composition is fixed by the formation commission of the National Council of Bars. It includes judges, academics, and, for more than half of its members, lawyers. In particular, it is responsible for ensuring the quality and interest of stakeholders and training.
Any natural or legal person seeking such approval from the National Bar Council must have previously declared to the competent administrative authority its activity pursuant to theArticle L. 6351-1 of the Labour Code. In addition, it must provide the balance sheet, results accounts and schedules for the past two years.
On a reasoned request, the National Bar Council may exempt an organization from the declaration of activity referred to in theArticle L. 6351-1 of the Labour Code.
Records must be transmitted to the National Bar Council and include the following:
registration of the activity declaration of the training organization or proof of filing of the said declaration;
― dates of training;
― duration of each training session;
― treated themes;
― detailed programmes;
― names and professional references of trainers;
minimum and maximum number of training sessions;
― description of the written materials broadcast;
― mode of evaluation of training.
Reference may be made to this approval on the programme and communication materials for the approved training actions.
The National Bar Council is obliged to refer to all approved training courses or institutions annually.
Declarative obligations and control.
The lawyer is responsible for monitoring his ongoing training.
The lawyer retains the attendance certificate issued by the formator organization after each training session in order to be able to justify compliance with the training requirement.
He shall, no later than 31 January of each year, declare to the Board of the Order under which he has met his continuing education obligation over the past year. He encloses his statement with a copy of all certificates of attendance that warrant training in which he participated, or that he dispensed. It encloses copies of any publications.
The board of law monitors the effective fulfilment of the ethical obligation of continuous training of lawyers by verifying the criteria of the trainings followed and their necessary link with the activity of the lawyer.
Lawyers who are registered in the current year's order table, or who have not been temporarily employed for sick leave or maternity leave, or for omission, are subject to a reduced number of hours of continuous training appreciating pro rata temporis of the period of professional exercise over the calendar year in question.
Activity report by CRFPA.
The CRFPA prepare an annual activity report, including the number of lawyers involved in the training activities, the nature and title of the training provided in their jurisdiction, as well as the overall volume of training hours provided.
The annual CRFPA activity reports are sent to the National Bar Council by March 31 of each year.
The decision of the amended National Bar Council of 11 February 2005 deliberating on the modalities for the application of the continuing training of lawyers is repealed.
This decision will be published in the Official Journal of the French Republic.
Done on 25 November 2011.
The president,
T. Wickers
