You have received an offer from another firm, or you have decided to set up on your own. Before fixing a leaving date, one technical question has to be answered: how much more time do you owe the firm you are leaving? For a freelance associate (collaborateur libéral), the answer is not in the Labour Code but in the national internal rules of the legal profession, which set a notice period, its adjustments and its exceptions.
This article explains what the RIN provides, how to calculate your notice period based on your time at the firm, which exceptions apply, then how to organise the announcement of your departure, the handover of files and the preparation of your application during the notice period.
What the RIN provides for ending the contract
The freelance associate contract is governed by article 14 of the national internal rules (RIN) 🔗, adopted by the Conseil national des barreaux. Article 14.7.1.1 sets out the rule:
Subject to the provisions on termination in the event of parenthood and unless the parties agree otherwise on better terms, each party may terminate the associate contract by giving the other at least three months’ notice.
Three points to remember:
- the rule is symmetrical: it applies to the firm ending the arrangement as well as to the associate who leaves;
- no reason has to be given: a freelance associate arrangement can be ended at any time, subject to the notice period and the protections provided;
- the contract must state the notice period: article 14.3.1 of the RIN requires the contract to mention the notice period in the event of termination.
For a salaried associate, the logic is different: the RIN refers to employment law and the collective agreement, which sets the length of notice. The article freelance associate or salaried lawyer explains the differences between the two statuses.
Calculating your notice period based on your time at the firm
The RIN adjusts the basic period according to how long you have been at the firm: the three-month period “is increased by one month per year beyond three full years of presence, without exceeding six months”.
In practice, this gives:
| Time at the firm on the date of notification | Minimum notice period | |---|---| | less than four full years | three months | | four full years | four months | | five full years | five months | | six full years or more | six months (ceiling) |
A few useful points:
- it is your time at the firm that counts, not your seniority at the bar: an associate with eight years of practice who joined the firm two years ago has a three-month notice period;
- the period runs from notification: give notice in writing, in a dated and certain way (letter handed over against signature, registered letter, email with read receipt, depending on what your contract provides);
- paid rest periods not taken before notification may be taken during the notice period, under the same article of the RIN;
- “unless the parties agree otherwise on better terms”: the firm and the associate can agree on a different timetable, for example an earlier departure if the firm does not need the full period. This agreement must be in writing.
An example
An associate joined her firm on 1 March of a given year. She gives notice on 15 September, five and a half years later. She has five full years of presence: her notice period is five months, meaning she can leave at the earliest on 15 February of the following year, unless the firm agrees to an earlier date. If she still has two weeks of paid rest to take, she can take them during this period.
Trial period, serious misconduct, parenthood: the exceptions
The trial period
A freelance associate’s trial period cannot exceed three months, including any renewal (article 14.3.1 of the RIN). If the contract is ended during this period, the notice period is reduced to eight days. Unavailability for health reasons during the trial period suspends it; it resumes for the remaining time when the associate returns.
Serious misconduct
The notice periods “do not have to be observed in the event of a serious and flagrant breach of professional rules”. The exception is narrow: it requires a serious, flagrant breach of professional rules, not a mere disagreement about the quality of work. If it is disputed, the bâtonnier (head of the bar) decides.
Illness
Article 14.7.2 of the RIN prohibits the firm from giving notice during a period when the associate is unavailable for medically certified health reasons, except for serious misconduct unrelated to their health. This protection ends six months after the unavailability was announced.
Parenthood
The RIN gives strong protection to freelance associates who are parents (article 14.7.3):
- from the declaration of pregnancy, or the announcement of the intention to suspend the arrangement for a birth or adoption, until the end of the suspension period, the firm cannot terminate the contract, except for serious misconduct unrelated to parenthood;
- termination is automatically void if the firm is informed of the pregnancy or parenthood within fifteen days of notification;
- on return from leave, the contract cannot be terminated for eight weeks, except for serious misconduct unrelated to parenthood, and the termination must then be reasoned.
These protections govern termination at the firm’s initiative. The associate, for their part, remains free to leave, respecting their own notice period.
Announcing your departure and handing over your files
The announcement
Custom has it that you first tell the partner you work with most, face to face, before giving written notice. Prepare this conversation: the date you have in mind, how you plan to organise the transition and, if you wish, the reason for leaving. Stick to the facts. The annual meeting provided for in article 14.3.3 of the RIN is sometimes an opportunity to raise the subject beforehand.
Handing over files
During the notice period, you remain an associate of the firm, with the same obligations. The handover is prepared file by file:
- a status note for each ongoing file: stage of the proceedings or negotiation, upcoming deadlines, points to watch, useful documents;
- a list of upcoming deadlines, sent to the partner and to the associate taking over;
- a handover meeting for the most sensitive files, with the client if the partner considers it useful.
The firm’s clients and your personal clients
The firm’s clients remain the firm’s. The rules of loyalty and courtesy prohibit you from soliciting them to follow you. If a client chooses to entrust you with their file after you leave, the succession of lawyers is governed by article 9 of the RIN, which requires in particular that the new lawyer inform the previous one in writing before taking any step.
Your personal client base, which the RIN allows you to build during the arrangement, goes with you. It is wise to draw up a list before announcing your departure, to avoid any discussion. The article the freelance associate contract reviews the clauses that govern these questions, and the article fee retrocession for associates those concerning pay during the notice period.
Preparing your application during the notice period
The notice period is also when you prepare what comes next. Three tasks.
The timetable. If you do not yet have a firm offer, take your notice period into account before resigning: a recruiting firm will ask for your availability date, and a six-month period can be an obstacle. Some firms wait, others do not.
The CV. Update it before announcing your departure, while your files are still fresh in your mind. Describe your current position in the present tense, with your level of autonomy and anonymised representative matters.
- Before: “Corporate associate since 2021.”
- After: “Corporate associate, five years at the firm: independent management of a portfolio of SME clients (corporate housekeeping, disposals, shareholders’ agreements), supervision of a junior and interns.”
References. If the relationship allows, ask a partner whether they can be contacted. This is often more effective than a letter.
The article moving to another firm as a lawyer explains how to present this change, and the pre-filled junior associate CV shows an associate position described for a second application. The pre-filled business lawyer CV offers another base for a corporate profile. To update your CV without spending your notice-period evenings on it, the AvocatCV builder handles the layout and produces a PDF that law firms’ screening software can read.
Frequently asked questions
Can the notice period be shorter than three months?
Yes, by written agreement between the firm and the associate, or during the trial period, when it is eight days. Without agreement, the period provided by the RIN applies.
Is the associate paid during the notice period?
Yes, the arrangement continues normally until the end of the period, with the usual retrocession. If the firm releases the associate from working the notice period, the terms of this release must be set out in writing.
What should be done if there is a disagreement about the notice period?
The associate contract must include a clause providing for recourse to the bâtonnier as conciliator. Failing agreement, disputes arising from freelance associate arrangements are referred to the bâtonnier’s arbitration.
Do you have to give a reason for leaving?
No, no reason is required to end a freelance associate arrangement. A short, courteous explanation nevertheless makes the transition easier.