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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

5 tips to have the best possible night at France’s Fête de la musique

It can be the most fun day of the year - when France goes music crazy and bands suddenly appear on every street corner - but there are some tips to make your Fête de la musique experience as good as it can possibly be.

Published: 24 June 2024 11:26 CEST
5 tips to have the best possible night at France's Fête de la musique

First, a caveat – this is an entirely personal manifesto based on the things that I have enjoyed over my Fête de la Musique outings over the years. It’s not intended as any kind of hard-and-fast rule and plenty of people will have different experiences.

Feel free to disagree and/or share your festival tips in the comments section below!

1 Ignore the big-name artists

There are always a few big-name artists or concerts in major venues on the Fête de la musique (which happens every year on June 21st).

Ignore them. Sure, stadiums gigs can be great and huge venues can have a wonderful atmosphere – but you can do that any night of the year. It’s not what Fête de la musique is about.

The true spirit of the Fête is the smaller acts who play on street corners, in bars and community venues. They’re free, you can wander between them and stay as long as you like – and there is always something else around the corner.

2 Ignore the big towns

You might think that the big cities have the best music, but if you have the choice, go for a small town or a suburb.

I’ve enjoyed some good Fêtes in Paris, but the best experiences had have been smaller towns or the Paris’ suburbs (Montreuil is good – a commune that carefully cultivates a small-town / village vibe, albeit a very diverse small town where everyone is a hippy, a leftist, or both).

It’s partly a practicality thing – in big cities the acts are spread out and you have to make plans to see something and meet up with friends. In small towns, you just wander along to the main square, then when you’ve seen the acts there, you can saunter up the side streets, each of which will have dozens of bands playing, pausing only to grab a beer and snacks.

But it’s also the vibe; in big cities you can hear good live music all the time and the population is consequently complacent – small towns truly appreciate the Fête de la musique and properly go wild.

Once, in Paris, I was watching a blues band play in the street when a woman tipped water on their heads from her apartment window because she was tired and wanted to go to sleep. Small towns appreciate it when bands play for them.

3 Experiment

There’s a lot of variety on the night, so take advantage – this is your opportunity to hear all kinds of live music from rock to swing, jazz to classical, choirs to DJs.

Didn’t think that a five-piece oud band is your thing? Fête de la musique may change your mind. It’s the night of the year when anything goes, musically, so it’s also the night to try something new.

If you hate it – well it’s free and there’s another band down the street that might be more your thing. But you might discover a lifetime passion for oud music – in fact, by this time next year you might be playing in the oud band. Thanks to the Fête de la musique.

4 Don’t insist on quality

You’ll hear some great bands, but you’ll also hear some that are more about enthusiasm – and that’s all part of the fun.

You’re going to be hearing everything from classic rock to reggae to blues to the above-mentioned five-piece oud band, and as well as the styles the quality may be variable to.

For me, the true spirit of Fête de la musique is the 50-year-old accountant rocking out on his guitar and enjoying the one night of the year when he can dream that if only he hadn’t given up on his high school band, he could now be rich, famous and selling out stadiums, as opposed to filing tax declarations in an office above the florist.

5 Dress comfortably

Some people like to dress up for the Fête and that’s great – it’s a party after all – but the key thing is to wear something that is comfortable and allows you to shake your stuff.

Yes, you will be dancing – you’ll be dancing on street corners, in parks, cafés and perhaps on street furniture if things really get going, and you’ll be dancing with kids, dapper 70-year-old gents and everyone in between.

You need comfortable shoes and clothes that you can really move in.

Dance like no-one is watching. They may be watching, but they won’t be judging. Much. It’s Fête de la musique.

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