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Is the lawyer obligatory in a civil trial?
Verified 18 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You want to know whether you need to hire a lawyer to take legal action or to defend yourself in a civil trial. We present you with the information you need to know.
What applies to you ?
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Judicial Tribunal
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Family Court Judge
Before the family judge, the parties shall defend themselves.
But for some applications, the lawyer is mandatory.
Nature of the request | 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 cases concerning the protection of adults, residential leases, consumer credits and over-indebtedness.
The lawyer is not obligatory before the protection litigation judge.
Enforcement Judge
The enforcement judge shall resolve difficulties relating to the enforcement of court decisions and challenges to the seizures. The use of the lawyer may be obligatory depending on the amount of the dispute or the enforcement measure concerned.
Nature of the request | 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. It can order educational assistance measures or judicial measures to help manage the family budget.
The lawyer is not mandatory in front of the children's judge.
The absence of a lawyer may limit access to the file : the judge may decide to remove certain documents from the file before a consultation without the presence of a lawyer.
Please note
For consult his file without his parents, the minor must have a lawyer who accompanies him. If the minor does not have a lawyer, the juvenile judge must ask for the appointment of a lawyer ex officio.
Social pole
The Social Center is the service of the court responsible for social security litigation (disputes between social security bodies and their insured persons: sickness, pensions, etc.).
The lawyer is not obligatory in front of the social pole.
Other procedure
Before the Court of Justice (TJ), the lawyer is mandatory.
However, the parties are exempted from legal representation in certain matters.
Nature / purpose of the request | Is a lawyer obligatory? |
|---|---|
Request more than €10,000 (excluding matters falling within the exclusive competence of the TJ) | YES |
Demand not exceeding €10,000 (excluding matters falling within the exclusive competence of the TJ) | NO |
Claim for compensation for physical damage | YES |
Application for which the amount is undetermined | YES |
Tax or customs matters | 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 |
Expropriation | YES |
Civi: titleContent and Sarvi: titleContent | NO |
Gracious matter (rectification of civil status documents, organ donation...) | NO |
FYI
the duty to counsel and the waivers of counsel are the same for application, interim order and order for payment proceedings.
If your income doesn't allow you to pay a lawyer, you can apply for legal aid.
Appeals
Before the Court of Appeal, thelawyer is mandatory.
If it is a prud'homal dispute it is permissible to be represented by a trade union advocate.
By exception, you are exempt from having to consult a lawyer for the following procedures:
- protection of adults (guardianship, guardianship, family empowerment...)
- over-indebtedness
- decisions of the juvenile judge
- delegation of parental authority
- rural leases
- social security disputes.
FYI
if your income does not allow you to pay a lawyer, you can apply for legal aid.
L'attorney is required to go to cassation.
You must speak to a lawyer registered at the Bar of the Council of State or the Court of Cassation.
In electoral matters, by exception, you can go to the Court of Cassation without a lawyer.
Who shall I contact
FYI
if your income does not allow you to pay a lawyer, you can apply for legal aid.
You need to get a lawyer to do opposition of a decision in proceedings in which a lawyer is required.
FYI
if your income does not allow you to pay a lawyer, you can apply for legal aid.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you are from the Department of Justice.
Establishment of a lawyer is compulsory
Review of the compensatory benefit
Non-lawyer representation mode
Representation before the Commercial Court
Representation before the Joint Rural Lease Court (Articles 882 to 884)
Exemption of lawyer
Establishment of a lawyer
Tax procedure
Representation before the Court of Appeal
Representation before the Court of Cassation
FAQ
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