REPORT
The Law Society By Beth Quinn, Key Account Manager, The Law Society
INTERNATIONAL Russian invasion of Ukraine The Law Society have condemned the Russian Federation’s invasion of Ukraine and have praised the defence of the Ukrainian nation by its armed forces and its civilian citizens. We express solidarity with our fellow lawyers and their families in Ukraine and pledge to do what we can to help in the coming days, weeks and months. The Law Society have reached to the Ukrainian National Bar Association and the Ukrainian Bar Association. We also stand with the Russian people who oppose their government’s illegal invasion of Ukraine and lawyers who are defending the rule of law in the region. We have put out a strong statement in support of Ukraine which you can view on our website. Law Society statement on Ukraine: “The Law Society are gravely concerned with the news from Ukraine and are continuing to support our members in the region. A clear principle of international law is that a state is prohibited from the use or threat of force against another state. We are standing in solidarity with the Ukranian people, the Ukranian National Bar Association, the Ukranian Bar Association and with the Russian people who oppose their government’s illegal invasion of Ukraine, and lawyers who are defending the rule of law in the region.” Our internal international policy advisor continues to monitor developments before international tribunals and should there be any developments here, I shall let you know. Our ongoing Lawyers at Risk programme supports lawyers and human rights defenders who are hindered in carrying out their professional duties. We provide support by sending letters to state authorities about specific cases and we carry out more substantive and strategic work to improve lawyers’ safety. This applies less to Ukraine at present, which is a conflict situation where everyone is at risk, but more so in Russia we are keeping an eye on lawyers who may be at risk for assisting protesters, amongst other things. This has always been the case, however, despite the current conflict. We submit briefs to domestic high courts and international tribunals to change legislation and practices that pose a threat to the independence of the legal profession and are detrimental to the effective functioning of the judicial system. We also carry out trial observations in different countries to support lawyers at risk. The programme aims to: raise awareness of the risks and challenges associated with being a lawyer; highlight the importance of an independent legal profession; foster solidarity 18 | SURREYLAWYER
with colleagues abroad. We collaborate with a network of nongovernmental organisations, international institutions, state agencies and bar associations for advocacy and follow-up on interventions and submissions. Our intervention tracker compiles data and helps us to analyse regional trends of intimidation and identify places where the independence of the legal profession is particularly threatened. The programme is supported by our International Action Team (IAT), a volunteer group of practising and retired solicitors, as well as the Lawyers at Risk core group of law firms that are members of the Law Society. Our Immigration Law Committee also reviews and promotes improvements in immigration and asylum law, practice and procedure – something apt at present with refugees from Ukraine who are facing a difficult process when trying to get to the UK. Christopher Cole, a member of the committee, recently spoke with LBC about this process. We also have a page dedicated to how lawyers can show support for people in Ukraine. This includes information on Pro Bono initiatives Ukraine Advice Project UK and Ukraine Justice Alliance as well as resources for UK nationals in Ukraine. Sanctions The Law Society supports sanctions as a response to Russia’s illegal invasion of Ukraine, which are aimed at encouraging Russia to cease actions destabilising, undermining, or threatening the territorial integrity, sovereignty or independence of Ukraine. Law firms and their clients – like all other businesses – must comply with the government’s sanctions regime. Solicitors have an important role advising their clients to ensure they comply with the rules. Solicitors employed by government also play a key part in drawing up the sanctions and making sure that they are watertight. However, we are again hearing rhetoric about solicitors as ‘professional enablers’ – this is a concerning and damaging narrative on the reputation of the profession. The Law Society will continue to champion the profession and counter the narrative on this topic. All solicitors operate within a strong regulatory framework overseen by the Solicitors Regulation Authority (SRA) and must have appropriate policies in place to make sure they comply with sanctions legislation. This includes carrying out regular and appropriate checks of sanctions lists. The Law Society has guidance on the UK sanctions regime which sets out: T he criminal offences under the regime H ow to carry out a risk assessment O bligations to check clients against sanctions lists