By Nathan Lautier
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The lawyers of Lyon (Rhone) in the street Tuesday, November 16, 2021. The bar calls “a mobilization of all colleagues” in front of the Rhône prefecture, on the Cours de la Liberté side, at 1 p.m., to demonstrate against the bill “trust in the judiciary”…
Or rather against the bill proposed by the Senate. Explanations with the president of Lyon, Serge Deygas.
The grain of salt of the Senate that hurts
“The law of confidence in the judicial institution was proposed by the Keeper of the Seals [Eric Dupont-Moretti, NDLR], to engrave professional secrecy in stone for the defense and for counsel. The latter was not concerned by professional secrecy, it was limited to the defense, ”begins the chairman.
“With this bill, the protection was extended. It suited us well. It was passed in the National Assembly. Then, visibly under pressure from Bercy and the national financial prosecutor’s office, the Senate has decided to exclude this protection for everything related to finance. As there is disagreement between the National Assembly and the Senate, the text of the law had to pass in joint committee on October 21, ”he continues to retrace.
Except that this commission decides to adopt the text of the law “with a paragraph saying that, as soon as a lawyer is deceived by his client, that he is an accomplice without his knowledge, he would no longer have professional secrecy. So, any magistrate could launch a search of the lawyer’s offices. »
“The democratic scaffolding is in danger”
This is where the problem lies. “Does this mean that we lawyers are not able to protect ourselves from this kind of situation, which we can easily manipulate? Asks Serge Deygas. “This paragraph is particularly vague, it leaves open to a lot of drifts”, he also fears.
“We are launching this mobilization against this opinion and to support that in the event of a search of a lawyer, it is in a strict framework in the presence of the president of the bar and especially in the presence of a suspicion established in a file, with elements. On these conditions and on these conditions only, we will agree to the searches, ”he continues.
The profession has also made this proposal to the government, which has “not been accepted for the moment”. Now, only the government can propose this change after the opinion of the commission”, specifies the chairman, who warns: “as long as we do not have a guarantee, we will hold our mobilization. »
“It is not our corporate rights that we are defending, it’s professional secrecy. This is for our customers, but also for society. The rule of law is a defense worthy of the name. And a defense worthy of the name means being able to discuss freely with your lawyer, without being afraid that these exchanges will turn against you. Otherwise, the whole democratic scaffolding is in danger“.
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