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Is the lawyer obligatory in a civil trial?
Verified 04 March 2022 - Directorate for Legal and Administrative Information (Prime Minister)
In order to take legal action, recourse to a lawyer may be compulsory depending on the nature of the proceedings, the amount of the dispute or the court seised.
What applies to you ?
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Judicial Tribunal
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Family Court Judge
The family judge settles disputes related to divorce, custody of children, parental authority...
Nature of disputes | Is a lawyer obligatory? |
|---|---|
Contribution to the expenses of marriage | NO |
Change of marriage contract | YES |
Divorce and legal separation | YES |
Review of the compensatory benefit | YES |
Sharing (Community liquidation) | YES |
Parental authority (residence, maintenance...) | NO |
Withdrawal of parental authority | YES |
Right of access for grandparents | YES |
Delegation of parental authority | NO |
Guardianship of minors, emancipation, | NO |
Protection of victims of domestic violence | NO |
Paternity research, filiation challenge | YES |
Maintenance obligation towards relatives in the ascending line | NO |
Protection Litigation Judge
The protection litigation judge settles disputes concerning the protection of adults, residential leases, consumer credits and over-indebtedness.
Nature of disputes | Is a lawyer obligatory? |
|---|---|
Guardianship, guardianship, safeguarding, family empowerment | NO |
Future protection mandate (implementation) | NO |
Declaration of absence | NO |
Over-indebtedness | NO |
Residential leases, rents, eviction | NO |
Consumer credit | NO |
Enforcement Judge
The enforcement judge shall resolve difficulties relating to the enforcement of court decisions and challenges to the seizures.
Nature of disputes | Is a lawyer obligatory? |
|---|---|
Execution of a decision issue: dispute over €10,000 | YES |
Problem executing a decision: less than dispute €10,000 | NO |
Entries of earnings | NO |
Expulsion (time limits, winter break ) | NO |
Contestation of seizures | NO |
Seizure of real estate | YES |
Liquidation standby duty more than €10,000 | YES |
Liquidation standby duty less than €10,000 | NO |
Juvenile judge
The Juvenile Judge deals with the situations of minors in danger.
Nature of disputes | Is a lawyer obligatory? |
|---|---|
Educational assistance (family placement...) | NO |
Judicial measures to help manage the family budget | NO |
Total or partial withdrawal of parental authority | YES |
Social pole
The Social Center is responsible for settling disputes relating to general social security disputes (disputes between social security bodies and their social security policyholders: sickness, pensions, etc.)
Nature of disputes | Is a lawyer obligatory? |
|---|---|
Challenging social security decisions (contributions, benefits...) | NO |
Dispute of disability, incapacity or incapacity | NO |
Dispute regarding the Puma (ex-CMU) | NO |
Other procedure
Before the court, the lawyer is in principle mandatory.
However, there are some exceptions.
Nature of the dispute | Is a lawyer obligatory? |
|---|---|
Request more than €10,000 | YES |
Claim for compensation for physical damage | YES |
Dispute of undetermined amount | YES |
Tax or customs procedures | YES |
Electoral litigation, professional elections | NO |
Real estate seizure (auction only) | YES |
Refusal to issue the certificate of french nationality | YES |
Successions (challenge of will, sharing...) | YES |
Adoption (minor collected after 15 years) | YES |
Adoption (minor before 15 years of age) | NO |
Funeral | NO |
Order to pay (unless opposed) | NO |
Referred | NO |
Motion Order in Proceedings Without Mandatory Counsel | NO |
Order on motion in compulsory legal proceedings (finding of adultery for divorce for misconduct...) | YES |
Expropriation | YES |
Civi: titleContent and Sarvi: titleContent | NO |
Joint Rural Lease Court | NO |
Ex gratia procedure (rectification of civil status documents, organ donation...) | NO |
If your income doesn't allow you to pay a lawyer, you can apply for legal aid.
Appeals
Before the Court of Appeal, representation by attorney is required.
However, exceptions exist for the following procedures:
- Protection of adults (guardianship, guardianship, family empowerment...)
- Disputes prud'homal (representation may be provided by a union advocate)
- Over-indebtedness
- Placement of a child by the Juvenile Court
- Parental authority (delegation and partial or total withdrawal)
- Joint Rural Lease Court case
- Social cluster case
FYI
if your income does not allow you to pay a lawyer, you can apply for legal aid.
Before the Court of Cassation, representation by a lawyer to the Court of Cassation and the Council of State is mandatory.
However, there are exceptions in electoral matters.
Who shall I contact
FYI
if your income does not allow you to pay a lawyer, you can apply for legal aid.
For proceedings where the lawyer is obligatory before the court, the opposition must be done by a lawyer.
FYI
if your income does not allow you to pay a lawyer, you can apply for legal aid.
- Code of Civil Procedure: Article 760Establishment of a lawyer is compulsory
- Code of Civil Procedure: Article 1139Review of the compensatory benefit
- Code of Civil Procedure: Article 762Non-lawyer representation mode
- Commercial Code: Article R 145-29Representation before the Commercial Court
- Code of Civil Procedure: Article 761Exemption of lawyer
- Expropriation Code: Article R311-9Establishment of a lawyer
- Expropriation Code: Article R411-3Exemption of lawyer
- Tax Procedures Book: Article R202-2Tax procedure
- Code of Civil Procedure: Article 899Representation before the Court of Appeal
- Code of Civil Procedure: Article 973Representation before the Court of Cassation
FAQ
- How do I get legal aid?Service-Public.fr
- What is the lawyer’s role?Service-Public.fr
- To oppose a civil judgmentService-Public.fr
- Appeal against a civil or criminal judgmentService-Public.fr
- Challenge a judgment: appeal to the Court of CassationService-Public.fr