It is a conciliation body set up within the Paris Bar to deal with difficulties in the performance of a collaboration agreement: working conditions, fee retrocession, time devoted to personal clients, termination (including termination for serious misconduct), leave, maternity/paternity, alleged harassment. It intervenes before the Bâtonnier's arbitration procedure. For other Bars, the practical arrangements may differ, but the law firm is quite able to assist you.
The liberal or employed collaborator, as well as the firm. The referral is made in writing to the Bar. The precise arrangements (form, time limits, documents) are governed by local internal rules.
In Paris, allow three to four weeks to obtain a summons from the referral. Postponements are granted only exceptionally.
In Paris, the parties are heard at the Maison du Barreau by three current or former members of the Bar Council. Conciliation is not an exercise in pleading; its purpose is to find an amicable solution.
Yes, and it is in fact recommended, whether you are the collaborator or the firm.
It is recorded in writing and signed. An agreement reached in conciliation binds the parties like a settlement. Failure to comply with it is an ethical breach.
The dispute is brought before the Bâtonnier, who rules by a decision that may be appealed to the Court of Appeal under Articles 142 et seq. of the 1991 decree.
Yes. Exchanges before the DEC are strictly confidential.
Alexandre Mochon has been appointed as counsel in some twenty DEC proceedings.
