The perimeter of the lawyer in banking law

Banking law refers to all the rules that govern activities related to credit institutions.

Banking lawyers specialize in both banking transactions between the client and the bank, and the banking activity of professionals in the sector.

We offer you a better understanding of banking law as well as the field of action of the lawyer specializing in banking law.

Banking law in brief

Banking law is a subdivision of business law belonging to the branch of private law. This governs all the rules relating to banking operations as well as those binding players in the banking sector. These are mainly professional reports in the banking business.

In France, while banking activities are not specified by law, the Monetary and Financial Code lists them. In the event of a dispute, this makes it possible to know the field of action of a lawyer in banking law.

What is the scope of action of a lawyer in banking law?

As banking regulations are relatively complex, it is often necessary to call on a specialized lawyer.

The banking law lawyer can be called upon for an advisory mission or intervene in the context of litigation. Thus, a lawyer in banking law is called upon on a daily basis to

  • check related issues
  • in the event of a lack of advice from a financial adviser
  • during a mortgage transaction
  • for a rate calculation error
  • etc

Lawyer and banking litigation

For banking disputes, in other words disputes relating to the validity or execution of banking or financial transactions, there are two types of procedures:

  • amicable procedures
  • litigation procedures

Role of the bank lawyer in an amicable settlement

Also called amicable agreement, an amicable settlement is a remedy to avoid going to court for a trial. This type of procedure can be used initially to settle any disagreement between a customer and his bank.

The banking lawyer’s role is then to negotiate the most favorable agreement possible for his client. A written agreement is signed once the amicable agreement has been reached.

Role of the banking lawyer in a banking dispute

When the talks do not lead to an amicable settlement, the dispute ends up before the courts. There, a judge will be in charge of deciding the said dispute.

The banking lawyer then has the role of preparing and monitoring the negotiations before litigation, of constituting the preparatory acts for the initiation of a legal claim. Finally, it is up to him to represent his client before the courts seized.

It should be noted that the national rules of procedure (article 6.1 of the decision of the Conseil national des barreaux of December 18, 2020) recommends that the lawyer in banking law examine the possibility of resolving the dispute amicably.

Finally, before using the services of a banking lawyer, it is advisable to inquire since some are specialized in the defense of banks and others in that of their customers.

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