“Report to hearing”, another step towards better lawyer-judge relationship

On March 18, in the prestigious library of the Paris Court of Appeal, a signing ceremony was held for the memorandum of understanding between the Court of Appeal and the order of the lawyers of the Paris Bar in connection with the experiment of the report to the hearing of student attorneys as part of their “Individual education project” internship, known as PPI. Along with Jean-Michel Hayat, the first president of the Paris Court of Appeal, Bâtonnière de Paris Julie Couturier and François Ancel, president of the International Commercial Chamber of the Paris Court of Appeal, the director of Legal Services, Paul Huber. .

By allowing lawyers for students from the Ecole de formation des barreaux (EFB) to make hearing reports on their six-month PPI internship, this protocol has the potential to strengthen the links between magistrates and lawyers and to concretize what they often want. hearing civil matters fully interactive.

Lawyers/magistrates: better work together

“We are coming together, Madame la Bâtonnière, a protocol that we are both convinced will be an important step forward in the lawyer-judge relationship”, the first president declared from the beginning. in the Paris Court of Appeal, Jean -Michel Hayat.

At the beginning of this protocol, the idea was to reform article 804 of the code of civil procedure so that the report made at the hearing of pleadings was prepared and drafted before the hearing and that it was submitted to the register of care. to send it to the lawyers of all parties, a few days before the case is disputed. “The report makes the hearing of requests more vivid and more useful because reading the report allows, in listening to it, the collegiality of accurate and synthetic understanding of the issues at stake in the debate”, stressed Jean-Michel Hayat. .

For their part, lawyers can then ensure that judges have prior knowledge of the case and know in advance the point or points that need later further explanations.

“This agreement is part of this approach, which is likely to teach lawyers and magistrates to work together, so PPI internships in the courts seem to be very important”, explains Julie Couturier. Also, he accepted the fact that, “from now on, future lawyers will have the opportunity to be trained by Court magistrates and learn, in weeks, the concrete expectations of magistrates”.

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Return orality to the center of debates

For Bâtonnière de Paris, this protocol could lead to more synthetic conclusions and more constructive requests. He also stressed the importance of restoring orality, which, in his words, “much has been lost in recent years”. During the signing ceremony, he stressed the importance of an interactive debate between the court and the lawyers. “This pre -hearing report helps to eliminate any misunderstandings that may arise in the understanding of the file and helps to provide more clarity to the court at the time of the request, thus giving it all its meaning and interest,” he said. he explained.

“We hope the magistrates enjoy listening to the lawyers and discussing with them. We hope that this can also be a further step toward understanding between the lawyers and magistrates we have called,” added Julie Couturier.

Ongoing experiment

The protocol therefore provides for the assignment of preparing and drafting the report to the student’s attorneys as part of their so-called “PPI” six-month internship with the courts. Currently, this initiative is in the experimental phase. It began on March 1 at the International Commercial Chamber headed by François Ancel.

In this regard, Jean-Michel Hayat warmly thanked Paul Huber, director of the judicial service, for accepting that the Ministry of Justice has fully spent 31 courses on “hearing reporting” throughout 2022, ie 62 of which student attorneys, per class.

He also welcomed the interest expressed by the first president of the Versailles Court of Appeal, Jean-François Beynel, who was at the signing ceremony, to conduct a similar experiment with Hedac, the training school lawyers from all over western Paris. “It is important, dear first president, that we carry out the same projects, that we uphold the same values, for the benefit of a living, interactive civil justice that is once again, through our concerted efforts, once again attractive, “he said. Jean-Michel Hayat.

The first test of this experiment should see the light of day next year. As François Ancel explains, “this protocol does not claim to be perfect or complete. Its implementation in practice must be precise to make it possible to release” silences “,” wonders “, or the” shortcomings ”of this protocol to address them when the results of this experiment were performed. “.

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