Ever since I studied French in elementary school, I have been fascinated by French culture. My interest led me to travel to Paris every year to meet with French lawyers and learn about their work.

In many ways, the French legal system is like other European civil law systems, such as the ones in Russia and Spain. For example, judges decide commercial cases without substantial discovery. But there are some aspects that make it unique, such as its rules for pretrial disclosure of evidence and its lack of punitive damages in employment cases.

To help share details about litigation in France, I spoke with Nicolas Sauvage, the founder of SEA Avocats in Paris.

Why should you continue reading this post about litigation in France?

You went to Paris on a romantic vacation and forgot to visit its beautiful court buildings.
You are watching the French legal drama Spiral and want to know why they don’t show any of the characters uploading documents.
You want to learn details about French employment law for when you start a new life as the mayor of a French town and president of its manufacturing concern.

Nicolas Sauvage is the founder of SEA Avocats in Paris, France. This interview has been lightly edited.

Can you tell me about the kinds of disputes you handle in your legal practice?

I represent clients in employment matters only. My cases concern dismissals, lay-offs, collective bargaining agreements, and transfers of going concerns.

What type of clients do you generally represent in disputes?

I represent employers only. My clients include pharmaceutical labs, medical device manufacturers, professional services companies, transportation companies, and software companies.

Besides Microsoft Office, what software do you use in your practice?

My office uses NEO.

What books and websites do you use for legal research?

Google, Lexis Nexis, Navis Social, ELNET, Doctrine, and Predictice.

I understand that France has commercial courts, called the tribunal de commerce. Do you often litigate there?

No. I only litigate there in cases involving an employee who was in fact an officer of the company, like the président or directeur général.

Do judges in the tribunal de commerce usually have a law degree or experience as a lawyer?

Very often, in large cities, the judges have a law degree. But in remote locations, it is less likely that they do.

Do you think that the tribunal de commerce produces better results than a system like the one in the United States, where juries may decide commercial disputes?

I’m not sure what “better” means. But if you look at the rate of appeal, it is extremely low in France at the commercial court without a jury (15%), whereas in employment court, the rate is very high (62%).

I understand that Parisian litigants electronically file documents through software called RPVA. Do you use RPVA in your work?

Always.

What do you think of RPVA? Do you think it works well?

It uses a very old IT architecture and it is not user friendly. But it is robust and safe.

Generally speaking, how many pages are the complaints or initial pleadings you see in your work?

About fifteen.

Generally speaking, how long does it take for a case to go from complaint to judgment?

Overall, on average, French cases take about fifteen months in the trial court, then about twenty-three more months for an appeal, and then two more years if there is an appeal to the Supreme Court.

Are there any commercial disputes in France that are decided by juries?

No. Jury trials only apply in litigation over very serious crimes, like armed robbery, rape, or murder.

I understand that in France, you cannot interview opposing witnesses before trial. Does that mean that there are a lot of surprises at trial?

No, because of the “contradictory principle,” which states that all pieces of evidence and arguments must be exchanged before a certain deadline and which allows total transparency of both parties’ positions.

If you win a commercial dispute, does the other side reimburse your attorneys’ fees?

Not all of the fees, but the court can award a very high amount (over a hundred thousand Euros) in the commercial court. The reimbursements are less, and mostly symbolic in other courts, like the employment, civil, criminal, and administrative courts.

Do you believe that Parisian courts have a particular strength for resolving commercial disputes?

Yes. The Parisian court system is fast, free, and well done.

How about a weakness?

Everything must be translated into French for the court. That can be expensive.

How often do you go to the courthouse?

Twice a week or so.

When you are there, do you need to wear a special robe or wig?

Yes. A black robe, but no wig. I wish I could, it is so chic!

Image credit: https://commons.wikimedia.org/wiki/File:Airacobra_P39_Assembly_LOC_02902u.jpg

Employment Litigation in France

Like me, you also handle a lot of employment disputes, including discrimination suits. Does France require plaintiffs to file a complaint with an agency before going to court?

It is not mandatory, but filing with an agency can help the plaintiff.

What is this process like?

It is easy, and it can be done online. The process is called Le défenseur des Droits: https://www.defenseurdesdroits.fr/fr/saisir-le-defenseur-des-droits

What challenges have you seen in working on discrimination cases in France?

The bias of the judges, mostly favorable to the plaintiff.

Do you often find that opposing counsel is friendly or are they often difficult to work with?

As I am always acting as a defense litigator in employment matters, I am always friendly with plaintiffs’ lawyers. They are sometimes very hostile and threatening. And then, I am cold like the freezer box in your refrigerator.

How often do your cases settle before going to court?

70%

And how often do they require some argument in front of the judge?

5%

Are defendants in employment cases in France liable for attorneys’ fees?

Yes.

How about punitive damages?

None. It simply does not exist in France.

How about emotional distress damages?

Just a symbolic amount, such as €3,000-5,000 per person.

How often do your cases go to mediation or arbitration?

About 6% of the time.

What are your thoughts on mediation and arbitration?

I love it. I have been a certified mediator since 2002. In those days, in France, people were staring at me when I was suggesting mediation, as if I had just gone down the stairs of a Martian UFO in the middle of the meeting room. Now it’s common practice.

I also love arbitration. But I mostly love it because the French state judges are lay judges at the trial court level (in employment court, they are called conseil des prudhommes), so they are knowledgeable of the business environment, but ignorant as far as the law is concerned. And then for the appeal, it’s the reverse situation, as the professional judges in the appellate court are civil servants. This means their big achievement has really just been progressing from college to law school to the judge exam to judge school to being a judge to retirement.