NCJ Number
58668
Date Published
1976
Length
8 pages
Annotation
TYPICAL EXAMPLES OF HOW THE FRENCH COURTS ARE BARRED TO CONSUMERS BECAUSE OF EXORBITANT LEGAL COSTS ARE PRESENTED, AND ALTERNATIVE SOLUTIONS FOR DEALING WITH THIS PROBLEM ARE DISCUSSED.
Abstract
THREE EXAMPLES OF CONSUMER EXPERIENCES DEMONSTRATE THAT ACCESS TO THE COURTS IS VIRTUALLY BARRED TO CONSUMERS BECAUSE OF THE EXORBITANT LEGAL COSTS AND THE HIGH FEES CHARGED BY THE AUXILIARY LEGAL STAFF, WHICH IS INDISPENSABLE IN ALL LEGAL PROCEEDINGS. ONE SOLUTION FOR FACILITATING ACCESS TO LEGAL PROCEEDINGS FOR CONSUMERS IS AN EXTENSION OF THE LEGAL AID SYSTEM. THIS HAS MANY DRAWBACKS, INCLUDING THE PROBABLE RELUCTANCE OF THE MINISTRY OF FRANCE TO WAIVE LEGAL COSTS AND PAY THE FEES OF ADVOCATES, EXPERTS, ETC. IT HAS BEEN SUGGESTED THAT CASES INVOLVING SMALL SUMS OF MONEY SHOULD BE SETTLED BY ARBITRATORS UNDER A SIMPLIFIED PROCEDURE, RATHER THAN IN COURTS. HOWEVER, THE COST OF SUCH ARBITRATION AND THE EXTENT TO WHICH CONSUMERS WILL RECEIVE SATISFACTION FROM SUCH A SYSTEM ARE LIKELY TO UNDERMINE SUCH AN ALTERNATIVE. ALSO, SIMPLIFIED LEGAL PROCEDURES SHOULD GENERALLY BE DISTRUSTED, AS THEY FREQUENTLY PROVIDE ONLY LIMITED GUARANTEES OF RESOLVING CONFLICTS. ANOTHER SOLUTION INVOLVES PRIVATE INSURANCE FOR LEGAL PROCEEDINGS. ALTHOUGH THIS MEETS WITH SOME FAVOR WHEN IT COVERS CIVIL LIABILITY, CONSUMERS ARE NOT LIKELY TO WELCOME IT UNLESS IT OPERATES THROUGH CONSUMER PROTECTION ASSOCIATIONS, WITH INSURANCE COSTS INCLUDED IN MEMBERSHIP FEES. UNDER PRESENT FRENCH LAW, THE BEST MEANS OF CONSUMER PROTECTION SEEMS TO BE THE CONSUMER ASSOCIATIONS, WHICH HAVE BEEN HELPED BY THE ROYER LAW OF 1973; THIS LAW GIVES APPROVED ASSOCIATIONS THE RIGHT TO DEFEND THE INTERESTS THEY REPRESENT BEFORE A COURT OF LAW. (AUTHOR ABSTRACT MODIFIED)