Distortion of a Bar Association's Internal Rules: When the Judge Corrects a Double Abusive Interpretation

Reference Decision: cc • N° 80-16.605 • 1982-01-13 • View the decision →

Imagine: you are a lawyer in Giromagny, in the Territoire de Belfort, and you also have a practice in Belfort itself. The internal rules of your bar association require you to have your name appear only once on the professional list in the telephone directory. So far, nothing unusual. But you discover that the same provision prevents you from appearing in the listings of both towns, whereas another rule of the same regulations allows it. What to do? This is the question that a lawyer from Lille asked himself, and the Court of Cassation ruled in his favour in 1982.

In short, the highest court considered that the lower courts had "distorted" the regulations by applying together two provisions which governed different situations. Result: the lawyer obtained the right to be listed in the directories of Lille, Roubaix and Villeneuve-d'Ascq. A decision that seems technical, but has concrete repercussions for any professional subject to internal rules.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Practical use cases

Lawyer with multiple offices in different towns

A lawyer registered with the Belfort Bar has his main office in Belfort and a secondary office in Giromagny. The local internal rules prohibit his name from appearing more than once on the professional list of the directory. However, he wishes to appear in both local pages to attract local clients.

Practical application:

This case law allows the lawyer to request the separate application of the two provisions: one limiting registration on the professional list (once only), the other authorising registration in local headings (as many times as there are towns). He can thus appear in the directories of Belfort and Giromagny, provided that the headings are distinct.

Liberal professional subject to a professional body

A doctor in Belfort, member of the Order, is prohibited by the internal rules from mentioning his two consultation addresses (Belfort and Montbéliard) in the directory of health professionals. He considers that this rule puts him at a disadvantage compared to colleagues who have only one practice.

Practical application:

The doctor can invoke the same logic: the rules may limit a single entry on the official list of the Order, but allow multiple entries in local directories. He must prove that the two provisions govern different situations (official list vs commercial directory).

Professional association with several branches

A lawyers' association in Belfort has a branch in Giromagny. The bar association's internal rules prohibit the association from appearing more than once in the professional directory. The association wishes to be visible in both towns to recruit members.

Practical application:

The association can rely on this decision to request a literal interpretation of the rules: if the text prohibits a single entry on the professional list, it does not prohibit multiple entries in local headings. It must demonstrate that the two provisions are independent and should not be combined.

Distortion of a Bar Association's Internal Rules: When the Judge Corrects a Double Abusive Interpretation

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Practical use cases

Lawyer with multiple offices in different towns

Liberal professional subject to a professional body

Professional association with several branches

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