How did you feel the speech of the public prosecutor, during the solemn re-entry of the judicial tribunal?
“The public prosecutor has taken long requisitions against the legal profession, arguing, in particular, that” the harshest blow to the justice of this country did not come from a virus, nor of the indifference of the State, but of the legal profession as a whole ”. These comments are simply unacceptable and unfounded. He sued the profession of lawyer, for having used his right to strike at the beginning of 2020. During this hearing, we are not invited to speak. So it was easy for him to make these accusations. The right to strike is a constitutional principle which cannot be called into question. All the strikes led by lawyers were carried out in the name of the main principles of French law, the pillar of a democratic society.
The strike followed by all the bars in France at the beginning of 2020 was part of a major national movement, because the pension reform project violated the principle of independence of the profession, an essential principle in a fair trial. A strike is always a difficult decision to make, because it directly impacts our customers. “
“He made a false and peremptory public judgment. He was not aware of the commitment of the lawyers of Thionville during the health crisis. “
You even speak of “untruths, aggressive and misplaced” … That is to say?
“From March 17, 2020, when the first confinement was announced, the lawyers all got ready to go alongside the President of the Judicial Tribunal and Madam the Public Prosecutor, then in office, to allow a maintenance of activity. In civil matters, the collaboration of lawyers made it possible to hold numerous hearings. In criminal matters, the lawyers volunteered to be on duty in difficult sanitary conditions, without a mask, sometimes without hydroalcoholic gel and where barrier gestures were difficult to respect.
The public prosecutor did not take up his duties in Thionville until September 2020. He made an erroneous and peremptory public judgment. He was not aware of the commitment of the lawyers of Thionville during the health crisis.
The figures for 2020 reflect an exceptional year, in a context of strike, of course, but above all of a health crisis, which has now lasted for more than ten months (total confinement in part with dismissal of all hearings, then restricted audiences). It is because lawyers are mobilizing alongside magistrates and clerks that part of the delay has been overcome. “
“Those subject to litigation must be assured that lawyers in Thionville are, in all circumstances, invested and committed in their mission of representing and defending the interests of their clients. “
How to play the card of appeasement in this context?
“The public prosecutor cannot make lawyers his scapegoats. He must therefore realize that lawyers contribute to the work of justice. This collaboration must be constructive and respectful of everyone’s roles and responsibilities. Litigants must be assured that lawyers in Thionville are, in all circumstances, invested and engaged in their mission of representing and defending the interests of their clients. The appeasement must come from the public prosecutor, who must work with lawyers as the legal partners that we are. We are a profession turned towards the future and in constant adaptation. This clarification was essential. We will continue to work, as we have always done, on the implementation of the reform projects necessary for the modernization of justice. “
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