Darrois report took observers in opposite

Darrois report took observers in opposite. Then the letter of engagement of the President of the Republic gave him "as a goal the creation of a great profession of law", the commission Darrois deliberately chose to stick to proposals which "do not tend to create a unique law profession in France".

Since it rejected any idea of rapprochement between lawyers and notaries, and simply to approve the merger already decided and widely committed lawyers with the sanction and the industrial property attorneys, litigants are therefore condemned to remain facing the "incomprehensible scattering of skills" that she was supposed to end In taking note of the irreducible opposition of notaries to the idea the great practice of the right, did it not itself doomed to failure Cannot answer these questions only by exceeding, as was able to do so the commission, the conflicting terms of its implementation, and recalling the real issues.

It is not only in the internal order that the place of the law continues to grow. The European construction, the globalization of trade, the need to protect the public property of humanity that are water, sea or air, helps give an essential role. But tool at the service of the export of a culture or an economy, it is at the same time transformed into this export object. The figures are eloquent: in England, the modernization of the legal professions to multiply by six exports of legal benefits.

This phenomenon was however accompanied by an almost total abandonment of any idea of specificity of the right. It is a way in which the authors of the report have refused to engage, instead Recalling that "the law is not a simple commercial, banal and interchangeable product" and that missions of law "are not necessarily those of the market."

The commission therefore finally focused, general interest, to formulate proposals which should lead to strengthening the legal professions and to enable them to individuals and businesses of more efficient services, in accordance with our understanding of the role of the law. If they are not necessarily unanimity, it is in light of this objective should be to assess their relevance.

Without waiting for the tabling of the report, some have already expressed little enthusiasm they inspired the appearance of the Act of counsel, next to the deed. But there is no doubt that the specific legal effects are attributed to him will bring additional security and a guarantee to those who will use it. Will provisions organising the sharing of fees, intervention joint of the notary and lawyer, individuals and businesses receive also an immediate benefit, as a limitation of cost to bear.

In the same way, lawyers who consider that allow business practice is contrary to their interest, and even that of the profession, are still numerous. This however is the best way to strengthen corporate ethics and the right place.

The report also invite without complacency counsel to address the weaknesses of their collective organization; without forgetting however recalled how Notaries were able, after the filing of the Armand-Rueff report which advocated their disappearance pure and simple, to achieve the modernization of their profession.

However, it is problems that the commission could not resolve. It is legal aid, which it could not recognize that it required a commitment of the State to the issues. The contribution of professionals must not be a solution if it is into account efforts already made by the profession. Because the figures confirm, it is certainly more rewarding to be in charge of the "public service" authentication than access to the right of the poor!

Finally, it will be difficult to discuss the merits of the proposals tending to the establishment of a genuine community of Jurists. Suggesting a common training not only to lawyers and notaries, but judges, by offering to facilitate multi-professional cooperation, and by advocating the establishment of a High Council of the professions of law, the report of the commission Darrois should finally achieve the ambitious goals that he set the author of the letter of mission if its recommendations are followed.