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EXPLAINED: The difference between a notaire and a lawyer in France

Both of these professionals work in the legal field in France, but they occupy very different roles, which can be quite confusing for foreigners.

Published: 28 July 2023 17:12 CEST
EXPLAINED: The difference between a notaire and a lawyer in France
A notaire sign outside a building. (Photo by MYCHELE DANIAU / AFP)

Both avocats and notaires are legal professionals in France, and both are addressed with the formal title Maître. But while both have significant training in French law and can offer legal advice, there is a big difference between their roles.

The role of notaire is unique to France. They are legal experts who can offer advice, but they are appointed by the French government and as such act on behalf of the State, rather than on behalf of a client.

In contrast, an avocat may be a member of the bar association (Barreau), but they are not appointed by the government

Let’s get the French grammar out of the way first – a male lawyer is un avocat and a female lawyer is une avocate, while the same word is used for a male or female notaire. Legal professionals of both genders are addressed with the honorific Mâitre.

And yes – avocat means both lawyer and avocado in French, hopefully the context makes it clear which one is which).

READ MORE: The reasons why you’ll need a notaire in France

What does a notaire do?

The official role of a notaire is to “prepare contracts in their authentic form on behalf of the client”, according to the Notaires of France website. 

In a previous interview, Christophe Dutertre, a qualified notaire from the company France Tax Law, told The Local that “The role sits somewhere between a notary and a solicitor”.

Notaries are necessary for making official matters related to succession, like writing your Will, for instance, and officially registering the sale of a property. 

There are also regulated fee structures when it comes to working with notaires. For example, standard fees to draw up a Will with a notaire range from €113 to €136. 

The most common contexts to come into contact with a notaire are buying or selling property, making or altering a will or getting married or pacsé.

A property sale in France cannot be legally completed without the involvement of a notaire – as only they have the power to register the change of ownership on the land registry.

A frequently misunderstood party of the property-buying process is the ‘notaire fee’ – despite it’s name, the notaire does not keep this fee (which can run into thousands of euros) but passes it on to the state. It’s really a form of property tax, similar to stamp duty in the UK.

How to calculate notaire fees when buying French property

The other oft-misunderstood thing about notaires and property is that they don’t ‘act’ for you and won’t give you any legal advice unless you specifically ask for it. They serve as a neutral party when it comes to guaranteeing the validity of contracts and registering the sale. 

If you want someone representing your personal interests in sales or purchases, or to look over legal documents and offer you individualised advice – you will need to hire a notaire or avocat for this purpose.

If you decide to draw up a marriage contract or pre-nuptial agreement before getting married or pacsé, you will need a notaire to formalise the contract.

You may also use a notaire to draw up and formalise a will or power-of-attorney for elderly relatives, or if you are adopting a child. 

What about avocats?

All lawyers in France must have at least a CAPA (Certificat d’Aptitude à la Profession d’Avocat) master’s degree in law. After working for four years, French they are able to work toward a specialisation.

If you are having any issues with the criminal justice system, problems with the immigration system or you want to sue someone, then you will likely want an avocat. Americans should note that taking private legal action against someone is much less common in France than it is in the US, and you will usually be advised to try other routes (such as appealing to the relevant ombudsman) first. 

When it comes to purchasing or selling property, you can hire your own independent lawyer to help you review documentation, especially pre-sale.

In France, it is the avocat who sets his or her own fees – meaning it is not regulated by the State.

READ MORE: Reader question: How can I find English-speaking lawyers and accountants in France?

Average rates will depend on the ‘complexity of your case’ and the specialisation of your lawyer, but the average hourly rate for 2022 is between €100 and €300. Criminal lawyers often charge more for drink-driving cases.

If you are having trouble with the immigration system you will often be advised to consult an avocat specialising in immigration matters who can offer you personalised advice on dealing with issues with visas or residency permits. Some immigration specialists merely offer advice, others offer a hybrid service where you will file paperwork for visas, residency permits or citizenship on your behalf. 

You can pay a lawyer either based on their hourly rate or by a flat-rate (usually reserved for simple procedures). When you find a lawyer, you will have to sign an agreement that outlines their fees, as well as various additional costs that might be incurred.

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LIVING IN FRANCE

What is France’s ‘citizen service’ and who has to do it?

Although France no longer has compulsory military service, there is still a requirement for a 'citizen service' known as the JDC - and for most younger people this is compulsory, including young foreigners who take French citizenship.

Published: 24 May 2024 17:11 CEST
What is France's 'citizen service' and who has to do it?

France scrapped compulsory military service in 1997 so its teenagers are no longer required to do 10 months of square-bashing, boot polishing and cross country runs.

They are, however, required to do the Journée défense et citoyenneté (JDC) in most cases – although this at least has the benefit of being just a single day.

What is it? 

The JDC is basically a one-day course or learning exercise about your rights and responsibilities as a citizen of France.

You will receive teaching on three main areas;

  • The general issues and objectives of national defence, and on the different forms of commitment required from citizens. This part of the course is usually taught by members of the French military
  • Civics lessons – similar to those given in French schools – based on the Charte des droits et devoirs du citoyen français (Charter of rights and duties of French citizens)
  • Information on equality between men and women, on the fight against sexist prejudice and on the fight against physical, psychological or sexual violence committed within the couple

You will also be given a brief test on your knowledge of the French language. This is for everyone, not just foreigners, and language learners can feel comforted by the fact that plenty of native French people also struggle with the intricacies of their language.

You do not have to pass any kind of exam on the contents of the citizenship course – more on the curriculum here.

The course usually lasts seven and a half hours – basically a standard working day.

Who has to do it?

There are two things that young people in France must do – the recensement citoyen (citizen census) and then, in most cases, the JDC.

The recensement citoyen is compulsory for;

  • Any French citizens who are turning 16 – they must complete the registration within three months of their 16th birthday.
  • Anyone who gains French nationality between the ages of 16 and 25 – they must sign up within a month of getting their citizenship.

It is not required for people older than 25 who gain French citizenship, neither is it required for non-French citizens – even if they are long-term residents in France.

People who fail to complete the recensement citoyen when required cannot be inscribed onto the electoral rolls (and therefore cannot vote), while the certificate of completion is also usually required to enrol for French public exams or administrative exams (eg professional qualifications).

Once you have completed the census, you will then receive notice for the one-day citizenship course (JDC). This is compulsory for most people, although there are exceptions for people who have a disability or a long-term illness.

How do you do it?

First off, the recensement citoyen can be done either online or in person, if you choose the online option it is done at the local mairie.

It’s a relatively simple sign-up process and then you receive the attestation de recensement, which will be required for registering for exams. Once you have completed this, you will automatically be added to the electoral roll once you reach the age of 18.

Once this is completed, you will then receive a convocation (summons) to your one-day JDC. The letter will provide details of how and where to do the course, as well as the options to appeal if you believe you are exempt on the grounds of illness or disability.

It also gives you an autorisation d’absence exceptionnelle – authorisation of absence, which you present to your employer if you are working or an apprentice. They are then legally obliged to give you the day off to attend.

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