Sarah Saldmann is a lawyer at the Paris Bar, columnist for Les Grandes gueules and BFM business. His latest book Se protection c'est gagner - L'Indispensable manual of legal self-defense (and survival) was published in April 2023 by Robert Laffont.
FIGAROVOX. - Your book is presented as a practical manual of legal defense. Are we falling into France a form of judicialization of society?
Sarah SALDMANN. - Faced with the uncertainties we have experienced in recent years, individuals sometimes tend to try to protect themselves and defend themselves more than before. One might therefore think that society is judicial. Nevertheless, many solutions for the amicable settlement of disputes exist, which also make it possible to avoid a long trial with uncertain outcomes. In this book, I also wanted to give legal prevention gestures to know how and when to react in anticipation. The more you know and control your rights, the more equipped you are to defend yourself in the event of a dispute, whether private or professional.
What do you think of this evolution? If it translates into more clients for lawyers, is it really desirable?
This is to be expected as society is constantly evolving. If we take the example of digital, many themes necessarily emerge, whether for the protection of private data, cyber harassment, the use of social networks or the hacking of banking data. I cannot say whether this translates into more people we represent, but our role as lawyers is to accompany individuals whether in terms of advice or in terms of the judiciary.
You are rather liberal, don't we put too much emphasis on rights today and not enough on duties?
I am even very liberal. The emphasis is more on rights than duties. However, individuals have a general lack of awareness of their rights and tend to implement them only when they are in a vulnerable position.
When you are faced with a large airline group to get your plane ticket refunded, facing a banking institution, or more generally a large group where you say to yourself that you have "no chance of winning".
Sarah Saldmann
However, in my book, I explain how to stop being fooled by trying to take advantage of any situation where there is a natural asymmetry. For example, when you are facing a large airline group to be reimbursed for your plane ticket, facing a bank, or more generally a large group where you say that you have "no chance of winning".
You explain that this manual aims to combat legal exclusion. What do you mean by that? Is access to justice unequal in France?
Legal exclusion ultimately affects many people and is not limited to a particular profile. This consists in not being aware of one's rights and therefore not being able to put them into practice. For example, some people allow themselves to be in legal situations simply because they are not informed of their rights.
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Thus, in case of delay of a train, they will not ask for a refund because they do not know that they can do it. With regard to access to justice, let us be honest, to affirm that there is an original inequality between individuals, as in all areas. Legal aid and other tools aim to bridge this gap, but in practice some are better equipped than others to defend themselves. The aim of this book has therefore been to restore a certain equality before the law.
Is it related to the complexity of justice?
Yes, in part. The law is often perceived as inaccessible and this is partly true since the texts of laws can sometimes be unintelligible. In addition, there are very frequently new legislations; This does not facilitate understanding by the general public. As for the procedures, they are often complex. Moreover, justice is often too slow in general.
How do you explain the lack of confidence of the majority of French people in justice? Many criticize him for not being harsh enough with offenders, do you share this feeling?
I usually defend civil parties and the sentences generally seem too light. So there is a feeling of injustice and sometimes the feeling of not having been heard. It is hard to deny that insecurity has become an integral part of our daily lives, that attacks on property and people are multiplying and that sanctions do not always seem to be a deterrent.
Sentences are often considered too low and the ordeal of women victims of violence often begins again when the violent and convicted individual is released from prison.
Sarah Saldmann
I do think that there is a certain judicial laxity and that the sanctions are not always firm enough. In addition, violence against police officers is sometimes minimized even though it is real.
You are breaking certain taboos, especially regarding money. Don't your customers dare to ask you certain questions?
Money is probably the most taboo issue in France. I realized that some people did not dare to speak openly about this subject. That's why part of my book is devoted to this theme. For example, I address the following questions: how to get the maximum amount of money at the time of divorce when you are a woman who has not worked to take care of the children, how to obtain high alimony and what to do in case of non-payment, or how to disinherit a child or give one advantage over another. I made it a point of honor to answer in a precise way all these questions often asked in search engines and which often remain unanswered.
Another issue addressed was that of violence against women. If this issue has become very media since Metoo, are women really better protected today?
I do not know whether they are better protected but in any case better listened to and heard, even if there is still a long way to go. In my book, I explain the different legal tools that can help women who are victims of violence and which are sometimes unknown, such as the anti-rapprochement bracelet or the serious danger phone. I also explain the phenomenon of domestic violence, but, again, we sometimes see that women who have filed multiple complaints and handrails are finally killed by their spouses, a sign that they have not been heard enough... Moreover, the sentences are often considered too low and the ordeal of these women often begins again when the violent and convicted individual is released from prison.
You are the lawyer for the families in the Orpea retirement home scandal. One year after the affair broke, where do we stand? Has the daily lives of residents changed?
From a legal point of view, things have progressed quickly since the victims have been interviewed. It now remains to be seen what will happen to the various protagonists of the Orpea group. For my part, I believe that nothing has changed and that conditions are still deplorable today. I have even encouraged some people to install cameras as families are not heard. Korian was able to rectify the situation by proposing a dialogue, Orpea never. As for the DomusVi group, I also foresee action against them.
As long as nursing homes are based solely on profitability to the detriment of the health of residents, things will not improve.
Sarah Saldmann
This affair had, however, appeared to be a real fact of society. Do you hope that the trial will raise awareness among the public authorities?
I hope that awareness will take place before the trial. As long as these facilities are based solely on profitability at the expense of the health of residents, things will not improve. It does not shock me that people pay a lot, but under these conditions, the service must be in line with what is intended.
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For my part, I will not recommend to someone to put a loved one in a nursing home whatever it is. I have seen too many dysfunctions to say that this is a good thing. The best is to stay at home with a suitable team, although I agree, it is not always easy to find the right people.
In addition to your work as a lawyer, you are also one of the figures of Les Grandes gueules on RMC. Why did you choose to engage in public debate?
I think it is important, as a lawyer but also and above all as a citizen, to enlighten the public debate with assumed positions that sometimes diverge from a single form of thought that some media try to impose. I can of course understand that some of my positions may displease, but I remain radically committed to freedom of expression. Les Grandes gueules is one of those shows where speech is free and where all points of view are admitted, which is very appreciable.
Protecting oneself is winning - L'Indispensable manuel de self-défense (et survie) juridique, éd Robert Lafont, 2023, 304P., 19,90€ Editions Robert Lafont