French lawyers on strike
Lawyers in France have been on strike for several weeks to protest the reform of 'aide juridictionnelle', a legal aid system for those who cannot afford a lawyer. Problematic for years, the system threatens to put a bigger burden on lawyers who demand another reform. Some of our members from Eurojuris France agreed to tell us about this unprecedented event.
Images of lawyers in full regalia standing in tight groups on the steps of a Palace of Justice, holding signs, and chanting slogans, have made the headlines in French media for weeks on end. Aide juridictionelle, a system that allows the public financing of a lawyer's fee for those who cannot afford it, is under reform, and the proposed project from the French government has triggered an uproar of discontent amongst French lawyers.
'In France, it is possible to get this aide if you can prove a very low income and overbearing domestic charges', explains our member Eric Dauriac from Limoges. 'It is a great system that is necessary to give access to justice to everyone. But it has been twenty years at least that us lawyers voiced dissatisfaction at the way it is financed and the very low rate at which we get remunerated for this. This reform is the last straw.'
Another member, Bertrand Lux, works in Bordeaux, France's fifth biggest bar association. 'We are a big bar so we are very active. My lawfirm never works on aide cases but we are striking anyway, to show support to our colleagues. Access to justice is a fundamental right, and we agree for an aide system but if our nation cannot afford it, it is a very serious problem.'
Asked to explain what the precise issue is, Eric goes further into the reform project. 'It lowers our aide fee, it enlarges the number of people who can have access to it and thus takes away many potential normal clients, but the worst is the final point: it asks for our own funds to finance it!' The project indeed included a punction on a fund that is usually used to pay for the formation of lawyers. Bertrand explains, 'bar associations manage aide juridictionnelle in practice, it has a cost for us because bars are funded by lawyers. In Bordeaux, aide requires five employees at the bar for its management. We have been asking for a reform of this system for two decades and we need to reach such a situation to trigger a change.'
'Our pay for aide work is already very low', adds Eric, 'we can work for as low a seven hundred euros on a case of unfair dismissal, for example. Because the fee is so low, only young lawyers work on aide.' Bertrand concurs: 'young lawyers have charges as soon as they start working. Some aide cases leave them with only six euros per hour of work after taxes! I also worked in Québec and in French Polynesia, and legal assistance is much better managed there.'
Lawyers have already managed to achieve one thing: the Justice Minister of France has promised to cancel the funding of aide through the funds used for the formation of lawyers. 'They would have taken fifteen million euros from us', says Eric, 'whereas the total budget of aide may be as high as eight hundred million.' Bertrand also mentions a problem of public image. 'We are perceived in France as a profession of wealthy, well-off people who should not complain and just work harder... But a young lawyer makes only a little money; we cannot be endlessly asked to pay.'
Alexis Gaucher-Piola works in the small town of Libourne. 'Our entire little bar decided to follow the strike, and so did I! I seriously believe we can force the government to go back on its decision. But sometimes I wonder if the problem does not go beyond what we are talking about. Perhaps more people, more institutions, should get involved in financing this. We are talking about justice, a fundamental need of people! It's serious business! Cities, towns, local councils, fund social housing when people need them, so why not a lawyer?'
The situation changes fast so keep an eye on the French news – the stand of lawyers for their profession and for access to their skills is still going...
