“Master Hervé Benichou obviously does not intend to comment on the decision rendered by the Bordeaux Court of Appeal on March 4, 2022. He nevertheless intends to specify that in 37 years of professional activity, he has never been the subject of any disciplinary action until this isolated fact, immediately regularized before any action and which has not generated any prejudice for the litigant.
Waiting for the Court of Cassation
“In addition, an appeal in cassation has been filed which should be examined in September in the context of a procedure at short notice.
“Pending, and with regard to the enforceability of the judgment of the Court of Appeal, it is scrupulously respected for a period, not of 3 years, but of 18 months at most, subject to the cassation. The sentence of three years pronounced is indeed accompanied by half of a reprieve.
“Added to this, contrary to what was indicated in a legally erroneous way, there is no need to appoint a provisional administrator.
“Indeed, Me Hervé Benichou practicing in a professional civil society of lawyers, the appointment of a provisional administrator is not necessary, since the other partner(s) of the company are not prevented, which is the case here. This is why the judgment of the Bordeaux Court of Appeal did not order the appointment of a provisional administrator.