Doing legal business in France

Practising rights for UK lawyers in France after Brexit

Following the end of the transition period, UK lawyers can:

• register as foreign legal consultants (FLCs) to practise in France on a temporary or permanent basis, subject to conditions set out below
• provide advice as FLCs on English and Welsh law and on public international law
• practise arbitration, conciliation and mediation in France, which are not restricted areas of activity under the Code of Civil Procedure
• requalify into the local profession in France by taking an examination in French law, subject to conditions set out below

Applying for foreign legal consultant status in France

Solicitors of England and Wales can practise on a temporary or permanent basis as FLCs in France as a result of the EU-UK Trade and Cooperation Agreement (TCA).

Lawyers applying for temporary FLC status must obtain authorisation from the Conseil National des Barreaux (CNB).

Lawyers applying for permanent FLC status must:

• obtain authorisation from the CNB
• register with the relevant local French bar association
• have a registered practicing address in France

FLCs can:

• practise under their home country professional title
• advise on international law and the law of any state they are registered and authorised to practise in
• represent clients in arbitration, conciliation and mediation

• represent clients in French courts – only a French avocat may act in court or before jurisdictional or disciplinary bodies of any kind
• advise on French, EU or any EU member state law

Registration for temporary FLC status in France is valid for one year.

Register here to become an FLC

Requalifying as a French lawyer after Brexit

There is no nationality requirement to requalify as a lawyer in France. However, residency is required.

In the TCA, France scheduled the following reservation: “residency or establishment in the EEA is required for full admission to the Bar, necessary for the practice of legal services [as a French avocat].”

If a lawyer is recognised by the CNB as having sufficient education and training, they can requalify by taking an examination in French law, which is done before a jury, under the article 100 procedure. This comprises two written and two oral tests in French.

Lawyers can request an exemption from parts of the exam based on work published during their university or scientific studies, but not their professional experience or degrees.

Read more about the article 100 procedure in France

For information on the immigration requirements that apply to UK lawyers visiting France after Brexit, check our guide on travelling to the EU on business.

Setting up a law firm in France after Brexit

UK LLPs which set up in France before 31 December 2020 are allowed to continue operating as before, thanks to an ordinance published by the French government in December 2020.

However, UK law firms can no longer open a new branch office in France. This is because it is not possible for non-EU individuals or entities to own stakes or shares in a French law firm.

In the TCA, France scheduled the following reservation: “For all lawyers, a company must take one of the following legal forms authorised under French law on a non-discriminatory basis:

• SCP (société civile professionnelle)
• SEL (société d’exercice libéral)
• SEP (société en participation)
• SARL (société à responsabilité limitée)
• SAS (société par actions simplifiée)
• SA (société anonyme)
• SPE (société pluriprofessionnelle d'exercice)
• and “association”, under certain conditions”

Resources

• Conseil National des Barreaux les Avocats
• Registration as foreign legal consultant
• Requalification under Article 100 of the decree of 27/11/1991

If you have any questions, email international@lawsociety.org.uk.