An in-house position in a group, a year abroad, a personal project, a difficult period of health: a lawyer sometimes wants or needs to stop practising for a while, without giving up the profession for good. The decree of 27 November 1991 provides a mechanism for this that young lawyers know little about: omission from the roll (omission du tableau). It differs from resignation, which ends registration, and from striking off (radiation), which is a disciplinary sanction.
This article explains the difference between omission requested by the lawyer and omission decided by the bar, the situations in which it is requested, its effects on the title, contributions and practice, the re-registration procedure, then how to present this period on a CV.
Omission at your request and omission by the bar
Omission is a measure by which the bar council temporarily removes a lawyer from the list of practising lawyers, without striking them off. It is governed by articles 104 to 107 of decree no. 91-1197 of 27 November 1991 organising the legal profession.
Omission at the lawyer’s request
A lawyer can ask to be omitted from the roll. This is the route used for a chosen break: a position incompatible with practising the profession, a stay abroad, a personal project, long-term leave. The request is sent to the council of their bar, which decides.
Omission by the bar
The bar council can also decide on omission, on its own initiative or at the request of the public prosecutor at the court of appeal, in the cases provided for by the decree. Without going into the detail of the texts, these include:
- a situation of incompatibility with practising the profession;
- a lasting inability to practise, for example for health reasons;
- failure to pay, without valid reason, the contributions due to the bar, the Conseil national des barreaux or the Caisse nationale des barreaux français;
- lack of actual practice of the profession without legitimate reason.
Omission by the bar is not a disciplinary sanction, but it can be challenged before the court of appeal. It has the same practical effects as requested omission.
What omission is not
- Not a resignation: a lawyer who resigns leaves the profession; to return, they will have to apply for a new registration.
- Not striking off: striking off is a disciplinary sanction imposed at the end of a procedure.
- Not a suspension of the associate contract: an associate on maternity or parental leave remains registered, and their contract is simply suspended under the rules of the national internal rules.
The situations in which omission is requested
Joining a company as an employee
This is the most common situation. Being employed by an employer who is not a lawyer is incompatible with practising the profession. A lawyer who accepts a position as in-house lawyer, general counsel or head of compliance in a company must therefore either resign or request omission. Omission makes it easier to come back. The article in-house lawyer or avocat compares the two careers and their bridges.
Changing career for a few years
Some lawyers join a different professional world for a time: a public institution, an international organisation, teaching, a consulting firm. For those tempted by the latter, the path to becoming a consultant after a first career 🔗 shows what consulting firms expect from a profile that does not come from their world.
Going abroad
An LL.M., experience in a foreign firm, a gap year: a lawyer who stops practising in France during this period can request omission rather than continue paying contributions for practice they are not carrying out.
Personal or health reasons
Long-term leave, illness, a family project: omission lets you suspend practice without losing the link with your bar.
Effects on the title, contributions and practice
Practice and title
During omission, the lawyer no longer practises the profession. They can neither plead, nor give legal advice as a lawyer, nor use the title avocat in their professional activity. In practice:
- on a business card, an email signature or a professional profile, they no longer present themselves as “avocat at the … bar”;
- they may mention their background (“former avocat”, “avocat omitted from the roll”) with care, without suggesting that they practise;
- their ongoing matters must have been passed on to a colleague before the omission.
Professional secrecy, however, does not disappear: it still covers matters handled before the omission, without any time limit.
Contributions
Omission in principle ends contributions linked to practice: bar dues, the contribution to the Conseil national des barreaux, the bar’s collective insurance. Your position with the Caisse nationale des barreaux français (pension and provident cover) needs to be reviewed with the fund, particularly regarding rights already acquired and the resumption of contributions on your return. Check with your bar and the fund before filing your request.
The associate contract
An associate who requests omission to join a company ends their associate arrangement. They must respect their notice period and organise the handover of their files, as for any departure.
Seniority
The period of omission may affect the calculation of seniority in practice, which counts for certain rights (minimum retrocession, conditions for a specialisation certificate). Ask your bar how it takes this into account.
Returning to the bar: re-registration
Omission has no fixed duration: it ends with an application for re-registration sent to the bar council, which checks that the lawyer still meets the registration conditions, in particular good character, and is no longer in a situation of incompatibility.
In practice:
- leave the situation of incompatibility (end of the employment contract, return from abroad);
- send the re-registration application to the bar council, with the documents it requests;
- settle your position regarding contributions, if the omission was linked to non-payment;
- prepare your mode of practice: associate position, sole practice, partnership.
Re-registration does not require you to sit the CAPA again. It allows you to resume practice on the same terms as before, subject to the rules of each bar.
Presenting a period of omission on your CV
A period of omission is not a gap in your CV: it is professional experience like any other, often a valuable one. What matters is presenting it accurately.
During omission
Your CV describes the position held, not your bar status. If you are an in-house lawyer, present yourself as an in-house lawyer. You can mention your career as an avocat in previous experience and, where useful, in the profile line: “Employment lawyer in-house, former avocat at the Lyon bar (six years of practice)”.
On your return
Present the period as a full experience, with what it brought you:
- Before: “2022-2025: omitted from the roll.”
- After: “2022-2025 — Legal department of an international industrial group, senior employment lawyer: negotiating collective agreements, managing employment tribunal disputes with outside counsel, advising the HR departments of several subsidiaries.”
Then explain, at interview, what the in-house experience brings to your practice as a lawyer: knowledge of the client, operational sense, managing outside counsel. It is a strong argument for a firm that advises companies.
Communication rules
On your CV as on your professional profile, avoid any ambiguity: during omission, do not present yourself as a practising lawyer. On your return, state your bar and original date of admission, and the date of re-registration if it is useful to the reader. Professional secrecy applies to matters from your time as a lawyer and confidentiality to those from your in-house position, each under its own rules: the method in the article matters and professional secrecy on a CV works in both cases.
The article moving to another firm as a lawyer helps you present a return to a firm, and the article freelance associate or salaried lawyer helps you choose your status when you return. The pre-filled in-house lawyer CV shows how to describe the period in a company. To keep a CV that tells this story without a break, the AvocatCV builder keeps the layout from one version to the next and produces a PDF that the screening tools of firms and companies read without difficulty.
Frequently asked questions
How long can an omission last?
The decree sets no maximum duration: omission ends with an application for re-registration. Ask your bar about its practice, particularly for very long periods.
Can you give legal advice during omission?
Not as an avocat. An in-house lawyer advises their employer under their employment contract; they cannot carry out independent advisory work under the title of avocat.
Should you resign or request omission to join a company?
Omission is generally preferable if you are considering a return to the bar: it makes re-registration easier. Resignation suits you if you are certain you are leaving the profession for good.
Is omission visible publicly?
An omitted lawyer no longer appears among the practising lawyers of their bar. On your CV, it is more useful to describe the position held during this period than to mention the omission itself.