The convictions of a French Lawyer for 2019
This morning, I wanted to write and share with you the convictions of a lawyer, founder and president of a young company, TOLTEC.
An extension of the field of possibilities
New technologies and new uses, with smartphones, social networks and news channels, have extended the range of possibilities. Things impossible in a physical world have become possible in a digital world … and in addition, they generate significant profits for their operators Google, Amazon, Facebook. “Anything, anywhere, anytime” is the promise of Jeff Bezos — the founder of Amazon.
At the same time, new technologies and new uses have impacted our social behavior by giving each of us the means to be heard. This new situation has greatly accelerated the exchanges, with a frantic race to the numbers of views, to “followers” and “likes”. Thus, to increase the number of its followers, to be a “recognized influencer” or simply to have the feeling of existing, we must mark the spirits, and if necessary resort to verbal violence, or even harassment or hate to be well regarded by his community of thought.
While the year has just begun, that a week ago we were making some good resolutions, the word that comes back tirelessly to reading and listening to the media is the word “violence”. Polymorphic “violence” physical, behavioral, mental and verbal, in the relations between people, in companies, in families, and even more in exchanges on social networks, where aggressive words and immediate judgments develop in disregard of respect of the law of persons.
Is it in this type of society that we want to live?
To this question, the “vast majority” of us will answer in the negative, but this same “vast majority” will remain inactive and passive in the face of attacks on the right and dignity. This immense majority will be joined to categorical or social communities of interest, without necessarily wanting or being able to engage in a “common humanistic initiative”.
Can a “common humanistic initiative” still exist?
Has it become a utopia today? At the beginning of the year, at a time of hyper-individualism, the acceleration of social inequalities and the feeling of exclusion, pessimism seems to prevail.
We must not allow ourselves to be invaded by fatalism. I am convinced that a “common humanist initiative” can be implemented and that “Respect Zone” is a good illustration of this.
Three verbs will guide my action: RESPECT, PROTECT and VALUE.
For a “common humanist initiative” to exist, we must begin by accepting to “relive together” and to “relive together” we must relearn to respect each other, namely :
- To consider someone with respect, to have a deep esteem for someone, to treat him with consideration because of his age, his social position, his moral or intellectual value.
- To have consideration for an intellectual value, an ideal.
- Do not infringe a right and a law.
- Do not disturb, do not disturb, have regard for something.
In order to promote this “relive together” on December 3, 2018, TOLTEC has been awarded the “Respect Zone” label. TOLTEC is committed to supporting the players in this resolution, which encourages Internet users to moderate disrespectful comments, insults and harassment.
“Respect Zone” is an illustration of this “common humanistic initiative”, which I call my wishes. It is a French NGO protecting freedom of expression on the Internet through non-violent communication tools. It works especially for the prevention of cyber-violence but also for the protection of children, who unfortunately are often the main targets and victims of this violence.
In an ever more complex digital environment, it is now imperative to effectively protect the victims of cyber-violence and defend the rights of individuals.
Since December, I have been committed to having leading economic players label themselves and respond to the “Respect Zone” call. I pledge to contribute to the work of the of Jurists of this association. I am convinced that we, lawyers, lawyers and more generally legal professionals, can contribute to what is today called the “great national debate”.
We can no longer expect everything from the “Providence State”, the promulgation of a new national or European law, which will create new constraints for economic actors. We must be creative and propose new tools, behaviors, codes of conduct and / or labels.
By the diversity and experience of the lawyers who invest in “Respect Zone”, we can contribute usefully to the debate by proposing simple tools, accessible to all for free to help “relive together”.
Thus each user can put on his personal page the logo “Respect Zone”. By affixing this logo, he will voluntarily engage in a personal capacity to moderate the disrespectful comments and will “post” any new message to ask the question of the content of it. This label will not be coercive, it will be empowering.
Empowering the person is also protecting her.
Lawyers and legal professionals, sums and will be the “caregivers, guides and protectors” of our organizations, while having to reduce and / or justify the costs of our services.
Knowing how to be “TRILINGUAL”
To be audible and to protect effectively, we must be “TRILINGUAL”, that is to say: to understand the job, to say the right, to master the technologies. In any case, this is the approach that I implemented, on the one hand, with TOLTEC in the integration of compliance and the principle of “ACCOUNTABILITY”, and on the other hand in the protection of people who are close to me.
Protecting is, in particular:
- have identified points of sensitivity and made the appropriate decisions to avoid accidents;
- or something safe from danger, aggression, risk;
- put his credit in the service of someone, provide material or moral support to someone.
To protect oneself, in a private capacity, it is notably:
- put on your seatbelt;
- cover yourself when it is cold;
- take care of your health so as not to be sick.
To protect yourself, in a professional capacity, is pretty much the same thing:
- to be accompanied by legal and security professionals;
- know how to anticipate regulatory, environmental and economic changes;
- take care of your business by ensuring its long-term compliance.
Private and professional personal data sometimes indissociable
Our private and professional environments have become porous and inseparable. When you “googling” a person, the search engine does not sort between private and professional information. You can not validly and sustainably protect your business and your loved ones, if you have not managed to master the publicly accessible content and established a homogeneous protection of both environments.
Protecting our trade and protecting ourselves is sustainable valuing.
My main goal in 2019 will be to value and highlight the work of my clients and relatives, but also the people, companies and associations with exemplary behaviors, and who act in accordance with ethical and responsible commitments.
To help you understand and transform what you see as constraints into opportunities, to sustainably strengthen the relationship of trust between business, customers, employees, users and users. I will help my clients and my family better understand the regulations and constraints that concern them by providing them with concrete and “tailor-made” answers.
For that, after having exposed my values, I ask each time the same question: “And you, what are your values?”
The answer is essential, for sustainable success, valuation can not be built on ethical and responsible values and commitments related thereto.
These values are essential because they will guide all the actors of an organization: company or family.
The larger an organization is, visible or known to the general public, the more vulnerable it is. As mentioned earlier, the convergence of the impacts of new technologies and new uses can quickly bring down major economic players.
Our personal, professional and regulatory environments have undeniably become more complex in recent years, and all indications are that this is not over.
New actors appeared, Google, Amazon, Facebook, … sometimes giving the feeling of coming out of “nowhere”, they contributed to the “overturning of the table” by a profound redistribution of the cards, the closing of some companies and the delivery Many practices and habits are at stake, even if they reinforce the imbalances and indirectly the feeling of exclusion. These new actors are essentially from the United States, a second wave is and will probably be more Chinese and Indian. On the other hand, few major European players seem to manage to really take significant positions.
Whose fault is it ?
Multiple regulations that develop at national and European level? At the cost of labor that hinders the ability of companies to recruit and compete? The lack of ambition of the European nations? To the feeling of exclusion of a part of the population, in the face of globalization and the development of magnetic urban poles (Paris, Lyon, Bordeaux, Toulouse, …) to the detriment of some less attractive provincial cities?
All these reasons are good. In a factual way, the regulations accumulate, the means of the public authority are not extensible, the authority asks from now on the economic actors to self-control, to put in place their conformity and to account, it is the principle of ACCOUNTABILITY, which is found in the GDPR, in regulated entities or in the Sapin 2 law.
For this, the evolution of our environment involves putting trust at the heart of the relationship between the parties: business, association, administration, family and individual. This mutual trust must not be an empty word, in order to “live together”.
The most difficult thing is not to gain confidence, but to keep it.