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Legal notices
Professional secrecy
The lawyer is the client’s necessary confidant.
The solicitor-client privilege is public policy. It is general, absolute and unlimited in time.
CLC.avocats strictly ensures that professional secrecy is respected and protected.
General principles
In all matters, whether in the field of counsel or defense, consultations sent by a lawyer to or intended for his client, correspondence exchanged between the client and his lawyer, between the lawyer and his colleagues, except for the latter those bearing the “official” label, the interview notes and, more generally, all the documents in the file are covered by professional secrecy (Art. 66-5 of Act No.71-1130 of 31 December 1971 on the reform of certain judicial and legal professions).
Subject to the strict requirements of his own defense before any court and to the cases of declaration or disclosure provided for or authorized by law, the lawyer does not commit, in any matter, any disclosure contrary to professional secrecy (Art. 4 of Decree No.2005-790 of 12 July 2005 on the rules of ethics of the profession of lawyer).
In criminal matters
Compliance with the obligation of professional secrecy for defense and legal counsel, provided for in article 66-5 of Act No.71-1130 of 31 December 1971 on the reform of certain judicial and legal professions, is guaranteed during criminal proceedings under the conditions laid down in this Code (Preliminary article of the Code of Criminal Procedure, in fine).
The magistrate conducting a search shall ensure that the investigations conducted do not affect the free exercise of the profession of lawyer and that no document relating to the exercise of the rights of the defense and covered by the obligation of professional secrecy of the defense and of counsel, provided for in article 66-5 of Act No.71-1130 of 31 December 1971 on the reform of certain judicial and legal professions, is seized and placed under seal (Art. 56-1 of the Code of Criminal Procedure).
In the cases provided for in articles 56-1 and 56-1-1, without prejudice to the prerogatives of the president or his delegate provided for in Article 56-1 and the rights of the person raided provided for in Article 56-1-1, the professional secrecy of the counsel is not enforceable against police investigative or investigative measures when they relate to the offenses mentioned in articles 1741 and 1743 of the General Tax Code (tax evasion) and articles 421-2-2 (financing of terrorism), 433-1, 43-4 33-2 and 435-1 to 435-10 (corruption) of the Criminal Code and the laundering of these offenses, provided that the consultations, correspondence or documents held or transmitted by the lawyer or his client establish proof of their use for the purpose of committing or facilitating the commission of these offenses (Art. 56-1-2 of the Code of Criminal Procedure).
Personal data protection
According to Articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Article 32 of the amended Law No.78-17 of 6 January 1978 relating to data processing, files and modified liberties, as amended, the Director of Publication informs you of the processing personal data policy intended to the users of the website.
CLC.avocats is the sole recipient of the information and personal data transmitted through the website. Those information and personal data are submitted to professional secrecy and are contained in a register held by CLC.avocats. They will not be, in any circumstances, transferred to non-certified third parties. In case of infringement of legal or regulatory provisions, this information may be communicated on the request of the judicial authorities.
Personal data are exclusively collected and processed for the purpose of exchanging information with CLC.avocats. CLC.avocats only keeps user’s personal data during the time necessary to the accomplishment of the operations and missions for which they were collected, in accordance with the regulations in force.
CLC.avocats protects the personal data collected against access to unauthorized persons or accidental or intentional manipulations by implementing technical and organisational security measures.
Users have the right to access, rectify and delete data, limitation of processing, withdrawal of consent, portability, as well as a right to object to the processing of their data. They also have the right to define the fate of all data concerning them after their death.
Users may exercise these rights at any time by sending an e-mail to clc@clc-avocats.com or by writing to the attention of CLC.avocats 65 avenue Marceau 75116 Paris.
For security and privacy reasons, all requests must be accompanied by a photocopy of an official identity document bearing a signature.
For any other more general information on the protection of personal data, you can consult the CNIL website (https://www.cnil.fr/).
Website
This website is published by CLC.avocats, SELAS registered to the Business and corporate register of Paris (RCS) under the number 410 383 517, whose head office is located 65 avenue Marceau in Paris (75116), +33 1 47 20 72 72, clc@clc-avocats.com.
This Website has been submitted to the Paris Bar Association, France.
The director of the publication of the Site is Maître Sylvain Cornon (lawyer).
The website is hosted by OVH, SAS with a capital of 10 174 560 €, registered to the Business and corporate register (RCS) of Lille under the number 424 761 419, whose head office is located 2 rue Kellerman in Roubaix (59100), France.
By accessing and/or using this Website located at the address « https://clc-avocats.net/» any user accepts without reservation the present terms of use of the website.
Intellectual property
The structure and content of the Site, particularly the texts, articles, newsletters, images, photographs, plans, software of which the Site is composed are the exclusive property of CLC.avocats.
The total or partial reproduction of this Site and its contents, by any process whatsoever, without the prior written express permission of CLC.avocats, is prohibited.
The User is only authorized to download and reproduce in a durable way, on any support, the publications of CLC.avocats, especially the newsletters, when this reproduction or representation is made for strictly personal, private, and non-commercial purposes.
Use of the website
All data, information and publications contained on the website are communicated for information purposes only and cannot be in any way considered as canvassing, a contract offer or personalised legal services. They do not constitute in any way a legal advice.
CLC.avocats cannot be liable for any direct or indirect damage resulting from the use of information contained on the website by the user. The user will be therefore responsible for the consequences due to the use he made of the website’s information. Particularly, it is up to the user to ensure, helped by a third person if needed, that collected information are correct and adapted to the personal situation.
Fees
Except in cases of emergency or force majeure, CLC.avocats concludes in writing with its client a fee agreement, which specifies the amount or method of determining the fees covering the foreseeable diligence, as well as the various costs and disbursements envisaged.
The fees shall, according to custom, take account of the client’s circumstances, the difficulty of the case, the costs incurred by the lawyer, his reputation and the lawyer’s diligence.
The fee agreement may provide, in addition to the remuneration for the services performed, for the fixing of an additional fee according to the result obtained or the service rendered.
Consumer Mediator
In accordance with the provisions of the articles L. 612-1 and follows from the consummation code, the consumer-client has the possibility, in the event of a dispute, to benefit from the consummation Mediator’s services for free nearby the French national bar Council « Conseil National des Barreaux (CNB) », whose contact details are as follows: Consumer Mediator, 180 boulevard Haussmann, 75008 Paris, https://mediateur-consommation-avocat.fr/.