Title XII: Legal representation and assistance.

The power of attorney for legal representation carries with it the power and duty to perform the acts of the proceedings on behalf of the principal.

The mission of legal assistance entails the power and duty to advise the party and present its defence without obliging it.

The representation mandate entails a mission of assistance, unless otherwise provided or agreed.

A party may be represented by only one of the persons, natural or legal, entitled by law.

The name of the representative and his capacity must be brought to the judge’s attention by declaration to the court clerk.

Anyone intending to represent or assist a party must prove that they have received the mandate or assignment to do so. A lawyer is, however, exempt from proving this. A bailiff benefits from the same exemption in cases where he is authorised to represent or assist the parties.

The person vested with a power of attorney for legal representation is deemed, in relation to the judge and the opposing party, to have received special authority to make or accept a disclaimer, acquiesce, make, accept or give offers, an admission or consent.

The party who revokes his representative must immediately either provide for his replacement or inform the judge and the opposing party of his intention to defend himself if the law so permits, failing which his opponent is entitled to continue the proceedings and obtain judgment while continuing to know only the revoked representative.

A representative who intends to terminate his mandate shall not be discharged from it until he has informed his principal, the judge and the opposing party of his intention. Where representation is compulsory, the lawyer may not be discharged from his representation mandate until the day on which he is replaced by a new representative constituted by the party or, failing that, appointed by the President of the Bar or…

The lawyer shall fulfil the obligations of his mandate without any new power until the execution of the judgment provided that this is undertaken less than one year after the judgment has become res judicata. These provisions shall not prevent direct payment to the party of what is due to him. .