An American In Paris

By: Clifford (Gary) Cooper II

Many Americans dream of living abroad. Particularly in France. But not many have the foresight to plan ahead while in school, and for lawyers who decide post school that they want to live in Paris or Marseille that can pose particular challenges; you have spent three years in school and numerous years in practice for a type of licensed profession that does not transition well to other countries. Particularly a country, like France, that does not practice common law. So how do you do it? How can you go about becoming an American in Paris?

First, understanding that France is physically the largest country in the European union, and has the second largest economy due to its proximity to country such as Italy, Spain, Switzerland, and Germany,[1] is helpful. This means that there is economic room for foreign, internationally oriented lawyers, and that there is a lot of business between France and English-speaking countries.  But that doesn’t mean that there aren’t hurdles. For instance, France’s legal system is based on civil law and places a larger emphasis on coded law rather than case law.[2] This can make it difficult for an American lawyer, who has studied and practiced American Law based on American Statutes, Constitution, and American case law, to practice law in France, since the American lawyer would not know the procedural process or French Coded Law.[3] In short, to practice in France, an American must become familiar with the French legal system, which is divided into a dual system consisting of public law (Droit public), and private law (Droit Privé).[4] 

In recognition of the differences between French aw and the law of other countries, non-European-union citizens who are qualified lawyers in their own country are required under Article 100 of the Decree of November 27, 1991, must request that the Conseil National des Barreaux allow him or her to take a test which assesses their knowledge of French law.[5] The exam is administered at either École de Formation professionnelle des Barreaux in Paris or  at Haute Éâcole des Avocats Conseils in Versailles.[6] The examination process is grueling, and the applicant must pass a “three-hour written examination on drafting a civil law record, a three-hour written paper on answering a practical client consultation in either administrative, commercial, employment or criminal law, an oral examination on civil, criminal or administrative procedure and an oral examination on the French judicial system, its organization and professional ethics.”[7] If the applicant manages to pass this exam, he or she must enroll in the regional Bars as either an avocat (male attorney) or an avocate (female attorney).[8] This process is different for members of the European union, or members of the Québec bar.[9] Once admitted to the French bar, an attorney has numerous association, administrative, professional, accounting, and continuing education requirements.[10]

Another hurdle is language. Although approximately 39% of the French population speak English,[11] unless the American lawyer is fluent in French the different language would provide a substantial barrier to any American lawyer who wished to live, let alone practice in France. While some junior lawyers have been hired by law firms in France, the majority of firms require that applicants be fluent in French, and the “more ‘French’ you have on your CV, the better!”[12] Indeed, most of the anglo-saxon firms with offices in Paris hire mostly French lawyers in an effort to have a firm that can easily handle French transactional, advisory or contextual legal work.[13]

Another hurdle for an American JD who wishes to practice law in France is the same one that any professional would have; namely that he or she would have to obtain a Long Stay Work Order.[14] These visas are required if a non-European-Union resident wishes to work in France for more than ninety days, and they allow the holder to live in the country for anywhere from three to twelve months.[15] However, the process can be lengthy, and requires that the applicant already have an employer in France before he or she moves there; the employer must draw up a work contract to send to the French Ministry of Labour.[16] Thus, one cannot simply move with a spouse, or on a spur of the moment decide to move to France with the expectation of finding a job and obtaining a work visa once one arrives.

So how do people do it? The first way is to plan ahead. To help facilitate students who want to practice law in French, many US and French schools offer dual or joint degrees that provide a bi-cultural education that ideally positions students to capitalize on opportunities in either country.[17] For instance, Georgetown Law School provides a dual masters of Internal Affairs and Law degree (MIA/LLM), and many universities including Duke University offer a Dual JD and Masters of Global Business Law degree.[18] Cornell law school has been in partnership with the Université Paris I Panthéon Sorbonne since 1994, and offers a four year  JD/ Master en Droit program that provides its students with the education necessary to become licensed legal practitioners in both the United States and France.[19] 

It is more difficult to practice Law in France as a lateral attorney without the aid of one of these dual degree programs. However, there are people who make it work. This is facilitated by the fact that there are numerous international law firms with offices in Paris, many of which use multiple languages, and some of which even place an emphasis on employing English-speaking lawyers.[20] Such firms include Alaris law, Bredin Prat, Darrois ValleyMailer Brochier, De Pardliu Bracas Maffel, Gide Loretta Nouel AARPI, and others.[21]

If one is determined to find employment in France without a dual degree program, it is generally easier to find employment at major firms with offices in France that deal with finance, corporate law, or arbitration.[22] Financial firms often deal with UK or US law and have partners who specialize in capital markets, EMTN programmes, High Yield Issues, and IPOs.[23] Corporate transactions lawyers often deal with cross-border deals and corporate divisions often need attorneys who are experts in common law.[24]

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[1] France, Int’l Legal Careers, https://www.internationallegalcareers.com/france (last accessed Jan 31, 2021) [hereinafter “Int’l Legal Careers].

[2] Id.; The French Legal System, About-France, https://about-france.com/french-legal-system.htm (last accessed Jan 31, 2021).

[3] The French Legal System, Justice.Gouv.Fr, http://www.justice.gouv.fr/art_pix/french_legal_system.pdf (last accessed Jan 31, 2021).

[4] Id.

[5] Int’l Legal Careers, supra note 1; Accessing the Legal Profession in France, Les Avocats, https://www.cnb.avocat.fr/en/accessing-legal-profession-france (last accessed Jan 31, 2021) [hereinafter Accessing the Legal Profession].

[6] Int’l Legal Careers, supra note 1.

[7] Id.; See also Accessing the Legal Profession supra note 4.

[8] Int’l Legal Careers, supra note 1.

[9] Accessing the Legal Profession, supra note 5.

[10] Id.

[11] Int’l Legal Careers, supra note 1.

[12] Laurent Pompanon, The Increasing Demand for Foreign Lawyers in Paris Law Firms, Linkedin, (Aug. 9, 2016), https://www.linkedin.com/pulse/increasing-demand-foreign-lawyers-paris-law-firms-laurent-pompanon/.

[13] Id.

[14] Int’l Legal Careers, supra note 1.

[15] Id.

[16] Id.

[17] Dual and Joint Degree Programs, Campus France, https://www.usa.campusfrance.org/dual-and-joint-degree-programs (last accessed Jan 31, 2021).

[18] Id.

[19] Cornell Law School: JD/Master en droit, Cornell law School, https://www.lawschool.cornell.edu/international/study_abroad/international_dual_degrees/jd_master.cfm (last accessed Jan 31, 2021).

[20] Int’l Legal Careers, supra note 1.

[21] Id.

[22] Pompanon, supra note 12.

[23] Id.

[24] Id.