History of profession
The compilations of Emperor Justinian I (6th century AD) thus mention the term Advocatus (by way of) and highlight the role of intercession, of representation of the client conferred on its holder (he does not is not insignificant to note that this root gave rise to the English word "Advocacy" meaning advocacy). A collegial formation called the “Ordre des Avocats” is instituted, its members must demonstrate five years of law studies, good moral character and take an oath. The Lawyer benefits from the monopoly of the defence.
The Lawyer does not seek any remuneration from the person to whom he brings his knowledge, on the contrary it is the latter who expresses his gratitude to him in the form of "fees". In 1270, the establishments (legal rules) of Saint Louis enact the first ethical rules applicable to Lawyers. An ordinance of Philippe III Le Hardi of October 12, 1274 requires the Lawyer to take an oath, this rule having been lost since the Roman Empire, confers on him the title of "Master" and regulates his fees by setting a ceiling in particular. Philippe le Bel in 1291 continued the work of organizing the Profession initiated by his predecessors by creating the Table (also called registration number). On February 13, 1327, an ordinance from Philippe VI of Valois enacts conditions of capacity, incompatibilities, causes of exclusion and establishes the monopoly of pleading. To ensure compliance with these prescriptions, a clerical order was created under the name of Ordo, gradually replaced by that of Bar, headed by the oldest of its members.
Canon law exercises an undeniable influence, it is both an object of study and a working tool for the lawyer. The religious essence of the Advocate ministry is therefore hardly surprising. The cleric's robe is only the most obvious illustration of this, and attacking a lawyer made its author run the risk of being excommunicated. If the symbol remains, its meaning today is quite different since the dress worn by the Lawyer during the hearings today represents independence and freedom of expression. The Lawyer works in concert with the Prosecutor, ancestor of the Attorney and successor of the Procurator. The Prosecutors near the Paris Courthouse form a brotherhood placed under the patronage of Saint Nicolas. Lawyers join this brotherhood and, because of their number, one of them takes the lead. By doing so, a Lawyer becomes bearer of the Baton of Saint-Nicolas and takes the title of Batonnier. In the 14th century, the patronage of Saint Nicolas gradually gave way to that of Saint Yves (Erwan in Breton), in reference to Yves HELORY, Lawyer, Magistrate and Priest from Tréguier (COTES D'ARMOR) canonized in 1330. Formalizing the duties Morals imposing themselves on the Lawyer, an ordinance of Charles V of 1364 creates the first device of legal assistance.
In France
In response, the King created the Keeper of the Seals, a person devoid of any power of justice whose sole function was to record royal decisions. Similarly, Lawyers go on strike and thus manage to impose their independence and emancipation with regard to the Magistrates. The Villers-Cotterêts ordinance of August 1539, best known for having imposed French throughout the Kingdom, singularly reduces the role of the lawyer by depriving the accused of any defender during the investigation and the hearing. while at the same time organizing the Question (torture of the accused). An ordinance of 1595 extends to the Prosecutors the system of the venality of the offices. The Prosecutors become holders of an office and move away from the Lawyer (the system continues today since the Attorneys remain holders of an office and present a successor to the State against remuneration).
The separation with the corporation of the Prosecutors is accentuated from 1661, the Lawyer is limited to pleading, without representing his client or applying while the Prosecutor opens up to new and remunerative horizons, by providing legal advice.
A decree of October 8, 1789 abolished the Question and authorized the silent presence of the lawyer during the investigation. In the name of freedom, in particular trade and industry, the Le Chapelier law (himself a lawyer) of August 16, 1790 prohibits corporations including the Bar Association. Representation of the parties at hearings becomes accessible to all and before all courts according to the so-called “ambulance” system. Favorable in its spirit to the interests of the Client, entitled to expect emulation of this new competition, this measure leads above all to the appearance of "unofficial defenders", litigants who are not very qualified and do not meet the moral requirements imposed on the Lawyers of yesteryear. At the same time, the "Attorneys" are set up to carry out procedural acts. The Revolutionary Terror sounded the death knell for the ideal of equality and justice defended by the Constituents: exceptional courts obeying the vindictiveness of the street were instituted, attorneys were suppressed, defenders who pleaded in favor of the nobility face prison or death.
In reaction to the revolutionary errors, the 1st Consul Bonaparte reinstituted in Year VIII (1800) the Attorneys, ministerial officers limited in number whose mission consists in pleading and postulating before the Jurisdiction near which they exert their ministry.
The
apparent liberalism of this ordinance cannot, however, be misleading since the
legislator retains a power of control over the designation of the Order and the
President of the Bar and the Lawyer cannot plead outside his jurisdiction, this
last restriction being partially lifted in 1829. The era is accompanied by the
reminder of multi-secular ethical requirements. Even when he does not
accomplish his mission, the Lawyer must act with the greatest dignity, dignity
which manifests itself both in the choice of his place of residence or exercise
and in the sobriety of his clothing.
Honor and
disinterestedness dictate the conduct of the lawyer: the client freely chooses
the Lawyer while the Lawyer is free to choose his clients and his line of
defense, the Lawyer has the moral duty to plead free of charge for the poor.
A law of
December 1, 1900 gives women access to the Bar. The First World War marked a
turning point in mentalities and the evolution experienced by the Company did
not spare the Lawyer. The Lawyer exercises a real profession intended to
provide him with the means of his subsistence, he is at the head of a more or
less large company, he manages his firm taking into account its operating
costs, employs collaborators and maintains relationships with new types of
customers. Access to justice is becoming more democratic: there are more trials
for less important issues. This evolution contributes to the change in
perception of the Lawyer's fee which truly becomes the pecuniary counterpart of
an intellectual service.
However,
the professional clientele remains inaccessible to him. The Lawyer cannot draft
commercial acts, assist or represent the client before commercial courts or the
Administration, which at the same time ensures the prosperity of agents and
legal advice. The ever-increasing complexity of the rule of law and of the
exercise of the Profession led in 1941 to the establishment of a Certificate of
Aptitude for the Profession of Lawyer, a sine qua non condition for being able
to practice when previously it was enough to justify a License in law.
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