Published on : 14 February 20174 min reading time
It is not easy for a lawyer to work abroad. Not only must he know the other country’s legislations but also the subtleties that may cause many litigations and conflicts, or even worse, be the cause of the loss of the case. This why there is the New York bar exam for foreign lawyers.
Formalities towards the Order of Paris and the CNBF
The agreement of the social security that were concluded in Mars 1987 between the United States and France dictates the following formalities :
In the one hand, the lawyers that have already been subscribed to the Parisian Court as well as in an American one will keep on being affiliated to the CNBF. On the other hand however, they will be exempted of dues to the United States.
The Parisian lawyers who are working in the United States and who are not yet admitted into the State’s court will have to keep on being affiliated to the CNBF. Nevertheless, they are not exempted of the dues to the CNBF.
Modalities of the social security of a lawyer
Lawyers, like any other French workers, have access to their fundamental rights. Amongst which, we can find the social security. The good news is that even in the United States, there are different ways to preserve such an advantage.
The first way may be achieved by keeping the affiliation to the French social security. There is actually a special fund that is specially made for the French people who live abroad, and it is called CFE. This fund has a budget that is reserved to the expatriated that were transferred to the USA by their respective offices.
The second way is a bit tricky, since the lawyer shall abandon all his affiliations to the social security, which will be restored if he goes back to France, and substitute it with any one of the following procedures :
To make a new affiliation to a local American system through the insurance companies that will offer particulate advantages, which already have been negotiated by the cabinet as a group of the cabinet members.
It is also possible to sign an individual insurance with a local or foreign enterprise.
The problem is that in any of these three cases, charges are considered to be really expensive.
A lawyer’s professional insurances
Parisian lawyers who work in the United States will have to sign for a local civil responsibility insurance.
Since they have kept their inscription in the Parisian court, they will have to maintain their police insurance as well in the Parisian Court.
Two insurance contracts are thus required :
The first is a contract that is underwritten in the United States and which is covering a local activity.
The second one is an insurance contract that is related to the order that covers its insurance obligation as a lawyer that is subscribed in the Parisian Court.
Nevertheless, if the lawyer who is subscribed to the Parisian Court proves that his insurance contract that was subscribed to the United States does cover also his activity as a Parisian lawyer, he may become free from his insurance bounds in France. But this is an unusual situation.
Partnership with different other institutions and organizations
Such procedures and laws establishments require partnership with some national and private institutions. Here is a list of some of them :
Invest in France, the French American Bar Association, the local Franco-American Commerce Chamber, and different professional associations such as the NY County Lawyers’ Association, the New York State Bar Association, and the New York City Bar etc…
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