The legal profession consists of two main branches. On one hand, there are lawyers specializing in private law, and on the other hand, those who specialize in public law. The latter, also known as public lawyers, are specialists in all legal matters related to the relationships between a private individual and a public entity. Similarly, the scope of expertise for a public law lawyer is broad. What should you know about the profession of public law lawyer?
How to become a public law lawyer?
To become a public lawyer, you must have a degree and follow a specific path.
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Specialization in public law
In order to practice as a public law lawyer, you must specialize in this field. This specialization is done at a law school, through enrollment in a Master 1 in public law. At this level, you are introduced to administrative contract law, public economic law, and constitutional litigation, among others. In the second year of the Master’s program, you will be able to refine your specialization through two options:
- the Master 2 in general public law,
- the specialization via a Master 2 (research or professional) in one of the many branches of public law.
It should be noted that the choice of a generalist or private Master 2 is subjective and more a matter of preference.
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Passing the CAPA
After your Master 2, you will need to pass the CAPA (Certificate of Aptitude for the Legal Profession) to become a public lawyer. This is a national examination that you can prepare for by enrolling in an Institute of Judicial Studies. During the exams, you must take tests in obligation law, contentious administrative procedure, and administrative law.
If you are declared admissible, you will take the oral admission exam, a significant portion of which relates to public law. Once admitted, you can enroll in a law school and continue your journey. The final internship and the PPI (Individual Pedagogical Project) mark the end of the curriculum. The PPI is a type of internship in public administrations and administrative jurisdictions.
Public law lawyer: the different components of public law
Public law is divided into several branches.
Sports law
Sports law is a component of public law. Therefore, you can specialize in this public matter to become a lawyer specializing in sports law. The role of the public lawyer in sports, to be discovered on this page, is to advise and defend clients in case of conflicts with sports federations. Since these federations are entrusted with a public service mission, any conflict involving them falls under the jurisdiction of administrative courts.
Sports litigation, in this case, is understood as any dispute between a licensed individual, a participant in a sports discipline, and their sports federation. Actions by third parties before the National Olympic Sports Committee are part of this branch of public law, but not only that. Indeed, many other situations related to the functioning and life of federations fall under sports law. These include:
- the liability of federations,
- the criminal liability of federation leaders,
- recruitment bans,
- conflicts related to the disciplinary council of athletes.
The sports law specialist can intervene in all these situations thanks to their mastery of the sports code, as well as administrative procedures.
The other branches of public law
Public law encompasses several other components. Public finance law is the subdivision of public law that organizes the finances of the state, local authorities, and all entities subject to public law rules. Some public lawyers choose to specialize in this branch, while others prefer administrative law.
The latter governs administrative contracts and administrative decisions emanating from public administration. It legally regulates the relationships between a public entity and the contracting party. Public-private partnerships, public procurement, contracts for the occupation of public domains, competition offers, etc., fall under administrative law. Urban planning law, health law, and public service law are all variations of administrative law. Public law also includes other disciplines such as constitutional law and public international law.
In what cases to call upon a public law lawyer?
Any interested party can seek the expertise of a public lawyer. In contentious matters, full jurisdiction litigation, excess of power litigation, repression litigation, and legality assessment litigation are cases where it is wise to consult a public law lawyer. The same applies to any matter related to nationality law.
This public jurist is also competent to provide expertise to local authorities in several areas: asset management, drafting contracts and other documents, elections. Do you want to file an appeal against a public procurement contract? Seek the help of a public lawyer given their in-depth knowledge of the Public Procurement Code and the practices surrounding public contracts.
The fees of a public law lawyer
There are no fixed fees when you need to request the services of a public law lawyer. The applicable rate depends on various aspects. The nature and complexity of the case are significant determinants. The prestige of the public lawyer is also a factor that determines their fees, as well as the urgency of the case.
Of course, the profile of the client, whether it is a public structure or an individual, will also determine the prices that the public lawyer will apply. Generally, the public law lawyer offers the client to sign a fee agreement before taking on the case. The flat fee can then be determined according to the nature of the dispute.
Approximately, they may charge:
- 500 euros excluding tax for a legal consultation in public law,
- 500 euros excluding tax for a hearing and representation,
- 150 euros excluding tax for travel expenses,
- 300 euros excluding tax for other scenarios.
These prices remain indicative and are freely set by each public law lawyer.