SlideShare une entreprise Scribd logo
1  sur  4
Télécharger pour lire hors ligne
The experience of a young lawyer from the Liège’s Bar 1
Mr. President,
Dear Colleagues ,
Ladies and Gentlemen,
I thank Mr. President BULGARELLI for his kind invitation, relayed by Mr. President HENRY. I have then
the pleasure to speak in front of you about the perspectives of a young lawyer from Liège’s Bar on
the challenges facing the profession and the solutions implemented by the Bar.
My presentation is based on three sources:
• The results of the survey conducted in 2013 by Avocats.be and the University of Liège (“Baromètre
des avocats belges francophones et germanophones”2
)
• Answers from a range of questions asked to other members of Liège’s Young Bar Association
• My personal experience .
It follows from the foregoing that the key concerns of young lawyers are money, time and future.
Nothing new under the sun.
First concern : Money.
While talking about money could be considered as trivial, we must keep in mind that a young lawyer
legitimately wants to emancipate himself as soon as possible after his studies. However, traineeship
and early years as an associate are often paid much less than most other jobs available to a holder of
a university degree. Legal traineeship is even less paid than most any other jobs.
When a young lawyer wants to set up his own firm, he usually can only count, at first , on the income
from legal aid. However, legal aid is in crisis and fees paid to the lawyers are, if not declining, at least
no longer adapted to the cost of living .
Further than the amount, the circumstances of fee’s payment are difficult to support for young
lawyer working alone, out of an existing structure. Indeed, fees from legal aid are paid ex-post , more
than a year after the end of the case. A solution must be found in order to live and assume the
expenses borne by freelancers.
1
Alexandre Cassart, Finance Officer of Liège’s Young Bar Association, Lawyer in Liège and Charleroi’s Bars,
Philippe & Partners. Twitter : @acassart
2
Avocats.be, ULG, « Baromètre des avocats belges francophones et germanophones », 2013, available at :
http://gallery.mailchimp.com/d552fd66716b81b8fb8f922cc/files/Barom_tre_des_avocats_2013_final_051120
13.pdf
Second concern : Time.
More specifically, “time” means balance between private and professional life. Maybe are they
demanding, but young lawyers do not want anymore a life completely dedicated to work and they
want to achieve both an exciting career and a fulfilling family life. This wish of balance is obviously
shared by young mothers - in a context of increasing feminization of the profession - but not only.
However, this search for balance is constantly put under pressure by different factors.
Firstly, the legislative and regulatory inflation - particularly in Belgium who knows multiple levels of
government and legislators - makes it very difficult to update knowledge, even for specialists in a
particular field.
Secondly, clients are increasingly demanding in terms of responsiveness and availability of counsel.
This is probably related to the growing use of information technology and hyper connectivity.
Thirdly, the asymmetry of information traditionally existing between the client and the lawyer is
diminishing or even disappearing in some topics, thanks to the abundant legal information available
on the internet. Clients are - or think they are - better informed. To justify its existence, lawyers must
therefore provide a greater added value, which requires a very substantial investment in learning,
training and specializing.
Fourthly, the hourly rate is much lower in Belgium than in its neighboring countries , forcing the
Belgian lawyers to work more than their foreign counterparts .
Third concern : Future.
Young lawyers understand very quickly that they move in a world of fierce competition. Between
lawyers on one hand, colleagues are, above all, competitors who do not do anything to make things
any easier, and other legal service providers on the other hand. These competitors are not bound by
any code of ethics, any tradition or a certain "image of the profession". They often have significant
resources in terms of capital and marketing powers and have no qualms about intruding in areas
traditionally reserved to lawyers.
Youth do no longer dream about partnership. Especially women since, despite the feminization of
the profession, partners are still mostly men3
. Because of demographic changes, lawyers are living
longer, working longer and are less likely to raise young people in positions in which this young
people could jeopardize their businesses.
Partners I interviewed before preparing this presentation put rather forward a certain lack of
managerial skills - that themselves have acquired over their practice but which are now immediately
needed to exercise - or a lack of entrepreneurship among young people. It’s a fact that law school
doesn't put enough emphasis on business’s skills, whose mastery is now essential. However, I do not
think that youth can be accused of a lack of entrepreneurship. Lawyer’s profession is still, in essence,
independent. Thus, this choice of career demonstrates, an enterprising and dynamic attitude.
3
Out of 44 partners in the four biggest law firm in Liège, only 10 are women.
It seems to me that much of the concern regarding future prospects are linked to the tensions
generated by the collision of two points of view about the legal profession.
The traditional model on the first hand, in which a lawyer is a well-born bourgeois with a personal
fortune, which allows him to be independent, to work pro bono and for who money is some vulgar
thing which should not be discussed. The major part of our ethical framework is based on this
traditional conception of the profession and this is still the image in public’s mind. The future model,
on the other hand, in which lawyer is a provider of highly specialized legal services, organized as a
business.
For years, Liège’s Bar strives to tackle these issues :
• In 2013, a working group of Liège’s Bar has written a new traineeship contract, then made
mandatory. The main improvement in this new contract covers trainees’ fees. Previously , trainees
were required to work at least 75 hours per month for a flat fee of 882 EUR gross4
. The new contract
provides trainees with an hourly rate of 16 EUR gross (ie € 1,200 gross minimum) which allows the
trainees who wants to work more, to earn more .
It is interesting to note that the main motivation of the working group was simply the dignity of the
profession.
• Liège’s Bar has also developed, and made freely available to all its members, an online consultation
module5
. Firstly , it brings the profession into the 21st Century and, secondly , it provides an access
to clients for young lawyers. Indeed, this module is accessible via the Bar’s directory, which is
classified by preferential activities or specialization, without distinction between young and
experienced lawyers.
• Communication and marketing are at the heart of the strategy of the Bar of Liège. The Bar makes
extensive use of the resources offered by information technology and is very active on social
networks. It also regularly uses these tools to put in light lawyers who work in a particular field.
Every year, the Bar organizes seminars and workshops on these topics and offers training to lawyers
who wish to better communicate, to master social networks and to create their own website .
Finally, on the occasion of conferences organized to the attention of companies, which conferences
are held in the premises of these companies, the Bar relies on young lawyers and offers them the
opportunity to make presentations in front of potential clients.
• On 20 and 21 February 2014, several young lawyers from Liège will organize a conference to think
about the future of the profession, entitled "Tomorrow's lawyer". During these two days, an
international panel of academics and high-level representatives of Bar from different countries will
expose, their vision of the future6
.
4
Under Belgian poverty treshold.
5
http://consultation.barreaudeliege.be
6
Texts from this conference are available here :
http://editionslarcier.larciergroup.com/titres/131822_1/tomorrow-s-lawyer.html
Here are some examples of actions taken by Liège’s Bar to anchor itself in the present and get ready
at best for the future.
Thank you for your attention.
Alexandre CASSART

Contenu connexe

Plus de Alexandre Cassart

Impact du BIM sur les assurances de construction
Impact du BIM sur les assurances de constructionImpact du BIM sur les assurances de construction
Impact du BIM sur les assurances de constructionAlexandre Cassart
 
Aéronefs sans pilote, voitures sans conducteur : la destination plus importan...
Aéronefs sans pilote, voitures sans conducteur : la destination plus importan...Aéronefs sans pilote, voitures sans conducteur : la destination plus importan...
Aéronefs sans pilote, voitures sans conducteur : la destination plus importan...Alexandre Cassart
 
Café Numérique Liège 2015 - Drones Civils : Aspects juridiques
Café Numérique Liège 2015 - Drones Civils : Aspects juridiquesCafé Numérique Liège 2015 - Drones Civils : Aspects juridiques
Café Numérique Liège 2015 - Drones Civils : Aspects juridiquesAlexandre Cassart
 
Challenges faced by young lawyers and the answer of Liège's Bar
Challenges faced by young lawyers and the answer of Liège's BarChallenges faced by young lawyers and the answer of Liège's Bar
Challenges faced by young lawyers and the answer of Liège's BarAlexandre Cassart
 
Commerce électronique : Questions Choisies
Commerce électronique : Questions ChoisiesCommerce électronique : Questions Choisies
Commerce électronique : Questions ChoisiesAlexandre Cassart
 
Droit d’auteur et Internet
Droit d’auteur et InternetDroit d’auteur et Internet
Droit d’auteur et InternetAlexandre Cassart
 
Réaliser le site web de son cabinet d’avocat avec wordpress
Réaliser le site web de son cabinet d’avocat avec wordpressRéaliser le site web de son cabinet d’avocat avec wordpress
Réaliser le site web de son cabinet d’avocat avec wordpressAlexandre Cassart
 
Logiciels libres et cabinet d’avocat
Logiciels libres et cabinet d’avocatLogiciels libres et cabinet d’avocat
Logiciels libres et cabinet d’avocatAlexandre Cassart
 
Contrat d'édition et environnement numérique
Contrat d'édition et environnement numériqueContrat d'édition et environnement numérique
Contrat d'édition et environnement numériqueAlexandre Cassart
 

Plus de Alexandre Cassart (9)

Impact du BIM sur les assurances de construction
Impact du BIM sur les assurances de constructionImpact du BIM sur les assurances de construction
Impact du BIM sur les assurances de construction
 
Aéronefs sans pilote, voitures sans conducteur : la destination plus importan...
Aéronefs sans pilote, voitures sans conducteur : la destination plus importan...Aéronefs sans pilote, voitures sans conducteur : la destination plus importan...
Aéronefs sans pilote, voitures sans conducteur : la destination plus importan...
 
Café Numérique Liège 2015 - Drones Civils : Aspects juridiques
Café Numérique Liège 2015 - Drones Civils : Aspects juridiquesCafé Numérique Liège 2015 - Drones Civils : Aspects juridiques
Café Numérique Liège 2015 - Drones Civils : Aspects juridiques
 
Challenges faced by young lawyers and the answer of Liège's Bar
Challenges faced by young lawyers and the answer of Liège's BarChallenges faced by young lawyers and the answer of Liège's Bar
Challenges faced by young lawyers and the answer of Liège's Bar
 
Commerce électronique : Questions Choisies
Commerce électronique : Questions ChoisiesCommerce électronique : Questions Choisies
Commerce électronique : Questions Choisies
 
Droit d’auteur et Internet
Droit d’auteur et InternetDroit d’auteur et Internet
Droit d’auteur et Internet
 
Réaliser le site web de son cabinet d’avocat avec wordpress
Réaliser le site web de son cabinet d’avocat avec wordpressRéaliser le site web de son cabinet d’avocat avec wordpress
Réaliser le site web de son cabinet d’avocat avec wordpress
 
Logiciels libres et cabinet d’avocat
Logiciels libres et cabinet d’avocatLogiciels libres et cabinet d’avocat
Logiciels libres et cabinet d’avocat
 
Contrat d'édition et environnement numérique
Contrat d'édition et environnement numériqueContrat d'édition et environnement numérique
Contrat d'édition et environnement numérique
 

Dernier

Classification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsClassification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsSyedaAyeshaTabassum1
 
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfIslamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfNo One
 
xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.mike689707
 
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...Anadi Tewari
 
The Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateThe Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateBTL Law P.C.
 
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditAn introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditSHRADDHA PANDIT
 
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...SHRADDHA PANDIT
 
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
 
Patents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsPatents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsAurora Consulting
 

Dernier (10)

Classification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsClassification of Contracts in Business Regulations
Classification of Contracts in Business Regulations
 
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfIslamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
 
xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.
 
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
 
The Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateThe Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a Template
 
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditAn introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
 
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
 
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
 
Criminalizing Disabilities & False Confessions
Criminalizing Disabilities & False ConfessionsCriminalizing Disabilities & False Confessions
Criminalizing Disabilities & False Confessions
 
Patents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsPatents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future Solutions
 

Challenges faced by young lawyers

  • 1. The experience of a young lawyer from the Liège’s Bar 1 Mr. President, Dear Colleagues , Ladies and Gentlemen, I thank Mr. President BULGARELLI for his kind invitation, relayed by Mr. President HENRY. I have then the pleasure to speak in front of you about the perspectives of a young lawyer from Liège’s Bar on the challenges facing the profession and the solutions implemented by the Bar. My presentation is based on three sources: • The results of the survey conducted in 2013 by Avocats.be and the University of Liège (“Baromètre des avocats belges francophones et germanophones”2 ) • Answers from a range of questions asked to other members of Liège’s Young Bar Association • My personal experience . It follows from the foregoing that the key concerns of young lawyers are money, time and future. Nothing new under the sun. First concern : Money. While talking about money could be considered as trivial, we must keep in mind that a young lawyer legitimately wants to emancipate himself as soon as possible after his studies. However, traineeship and early years as an associate are often paid much less than most other jobs available to a holder of a university degree. Legal traineeship is even less paid than most any other jobs. When a young lawyer wants to set up his own firm, he usually can only count, at first , on the income from legal aid. However, legal aid is in crisis and fees paid to the lawyers are, if not declining, at least no longer adapted to the cost of living . Further than the amount, the circumstances of fee’s payment are difficult to support for young lawyer working alone, out of an existing structure. Indeed, fees from legal aid are paid ex-post , more than a year after the end of the case. A solution must be found in order to live and assume the expenses borne by freelancers. 1 Alexandre Cassart, Finance Officer of Liège’s Young Bar Association, Lawyer in Liège and Charleroi’s Bars, Philippe & Partners. Twitter : @acassart 2 Avocats.be, ULG, « Baromètre des avocats belges francophones et germanophones », 2013, available at : http://gallery.mailchimp.com/d552fd66716b81b8fb8f922cc/files/Barom_tre_des_avocats_2013_final_051120 13.pdf
  • 2. Second concern : Time. More specifically, “time” means balance between private and professional life. Maybe are they demanding, but young lawyers do not want anymore a life completely dedicated to work and they want to achieve both an exciting career and a fulfilling family life. This wish of balance is obviously shared by young mothers - in a context of increasing feminization of the profession - but not only. However, this search for balance is constantly put under pressure by different factors. Firstly, the legislative and regulatory inflation - particularly in Belgium who knows multiple levels of government and legislators - makes it very difficult to update knowledge, even for specialists in a particular field. Secondly, clients are increasingly demanding in terms of responsiveness and availability of counsel. This is probably related to the growing use of information technology and hyper connectivity. Thirdly, the asymmetry of information traditionally existing between the client and the lawyer is diminishing or even disappearing in some topics, thanks to the abundant legal information available on the internet. Clients are - or think they are - better informed. To justify its existence, lawyers must therefore provide a greater added value, which requires a very substantial investment in learning, training and specializing. Fourthly, the hourly rate is much lower in Belgium than in its neighboring countries , forcing the Belgian lawyers to work more than their foreign counterparts . Third concern : Future. Young lawyers understand very quickly that they move in a world of fierce competition. Between lawyers on one hand, colleagues are, above all, competitors who do not do anything to make things any easier, and other legal service providers on the other hand. These competitors are not bound by any code of ethics, any tradition or a certain "image of the profession". They often have significant resources in terms of capital and marketing powers and have no qualms about intruding in areas traditionally reserved to lawyers. Youth do no longer dream about partnership. Especially women since, despite the feminization of the profession, partners are still mostly men3 . Because of demographic changes, lawyers are living longer, working longer and are less likely to raise young people in positions in which this young people could jeopardize their businesses. Partners I interviewed before preparing this presentation put rather forward a certain lack of managerial skills - that themselves have acquired over their practice but which are now immediately needed to exercise - or a lack of entrepreneurship among young people. It’s a fact that law school doesn't put enough emphasis on business’s skills, whose mastery is now essential. However, I do not think that youth can be accused of a lack of entrepreneurship. Lawyer’s profession is still, in essence, independent. Thus, this choice of career demonstrates, an enterprising and dynamic attitude. 3 Out of 44 partners in the four biggest law firm in Liège, only 10 are women.
  • 3. It seems to me that much of the concern regarding future prospects are linked to the tensions generated by the collision of two points of view about the legal profession. The traditional model on the first hand, in which a lawyer is a well-born bourgeois with a personal fortune, which allows him to be independent, to work pro bono and for who money is some vulgar thing which should not be discussed. The major part of our ethical framework is based on this traditional conception of the profession and this is still the image in public’s mind. The future model, on the other hand, in which lawyer is a provider of highly specialized legal services, organized as a business. For years, Liège’s Bar strives to tackle these issues : • In 2013, a working group of Liège’s Bar has written a new traineeship contract, then made mandatory. The main improvement in this new contract covers trainees’ fees. Previously , trainees were required to work at least 75 hours per month for a flat fee of 882 EUR gross4 . The new contract provides trainees with an hourly rate of 16 EUR gross (ie € 1,200 gross minimum) which allows the trainees who wants to work more, to earn more . It is interesting to note that the main motivation of the working group was simply the dignity of the profession. • Liège’s Bar has also developed, and made freely available to all its members, an online consultation module5 . Firstly , it brings the profession into the 21st Century and, secondly , it provides an access to clients for young lawyers. Indeed, this module is accessible via the Bar’s directory, which is classified by preferential activities or specialization, without distinction between young and experienced lawyers. • Communication and marketing are at the heart of the strategy of the Bar of Liège. The Bar makes extensive use of the resources offered by information technology and is very active on social networks. It also regularly uses these tools to put in light lawyers who work in a particular field. Every year, the Bar organizes seminars and workshops on these topics and offers training to lawyers who wish to better communicate, to master social networks and to create their own website . Finally, on the occasion of conferences organized to the attention of companies, which conferences are held in the premises of these companies, the Bar relies on young lawyers and offers them the opportunity to make presentations in front of potential clients. • On 20 and 21 February 2014, several young lawyers from Liège will organize a conference to think about the future of the profession, entitled "Tomorrow's lawyer". During these two days, an international panel of academics and high-level representatives of Bar from different countries will expose, their vision of the future6 . 4 Under Belgian poverty treshold. 5 http://consultation.barreaudeliege.be 6 Texts from this conference are available here : http://editionslarcier.larciergroup.com/titres/131822_1/tomorrow-s-lawyer.html
  • 4. Here are some examples of actions taken by Liège’s Bar to anchor itself in the present and get ready at best for the future. Thank you for your attention. Alexandre CASSART