About fifteen lawyers met in front of the Courthouse of Valence at 1:30 p.m. on Tuesday; they responded to the appeal launched by the profession throughout France, to challenge the draft law on confidence in the judicial institution, modified for the first time by the Senate, which, according to them, reverses the protection of professional secrecy binding the lawyer to his client, in the context of the fight against tax evasion.
It’s not just in the capital that it’s happening. There are many tax lawyers concerned in the Drôme too – Me David Herpin, the president of the bar of the Drôme
The text is supposed to legislate in particular on professional secrecy, in this case in terms of tax records. This is a problematic article. : during a parliamentary shuttle, the senators wrote an exception to professional secrecy: “when the lawyer is the subject of maneuver or action for the purpose of unintentionally allowing the commission or the pursuit or concealment of an offence”.
The tax arrangement begins when the lawyer constitutes the articles of association of a company, or who makes an act of sale of business
For Me David Herpin, President of the Drôme Bar, “Basically, it’s the lawyer who makes a legal, tax and financial arrangement in good faith to _a client, and if he misuses it by committing tax evasion or money laundering, it will make it possible to make a seizure in the lawyer’s office_which will not be supervised by the President of the Bar as planned.” And to wonder: “Why erase this frame? While the lawyer is not an accomplice in the text.”
The bill, after a rereading by the deputies on Tuesday, passes again to the Senate on Thursday, November 18.