NEWSLETTER OF THE INTERNATIONAL BAR ASSOCIATION’S BAR ISSUES COMMISSION
Bar Executive Exchange ISSUE 15 OCTOBER 2015
Ken Murphy Director General, Law Society of Ireland Co-Chair, Bar Executive Committee
Merete Smith Secretary General, Norwegian Bar Association Co-Chair, Bar Executive Committee 2015 Bar Executives Subcommittee meeting in Prague, Czech Republic
CONTENTS From the Co-Chairs: Ken Murphy and Merete Smith
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Bar Executive Spotlight: Margery Nicoll
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Bar Executive Officers Committee Meeting Programme 5 BIC Missions
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Presidential Taskforce on the Independence of the Legal Profession 8 The Austrian Bar Association
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The Vienna Bar Association
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Bar Executive Officers coming to Vienna 2015
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IBA Annual Conference, Vienna 4–9 October 2015: BIC sessions 17
What do you see when you gaze into your crystal ball?
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s the Co-Chairs of the IBA’s newly established Bar Executives Committee, we are honoured to introduce this latest issue of the BEX Newsletter. We look forward to seeing you all again soon in Vienna, where the members of the Committee will gather for its third meeting. The IBA has in recent years emphasised bar associations and, with the establishment of the Bar Executives Committee last year, it has now recognised the crucial importance of the bar executives. We therefore very much hope that, as a bar executive, you will take the time to attend and contribute to our meeting on Tuesday 6 October. The main topic of our business session in Vienna is entitled ‘Extracting Real Value from a Crystal Ball – Who Should Draft Reports on the Future of the Legal Profession, Why
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and How?’ Particular emphasis will be placed in our discussion on the central role that bar executives can and should play in the research and drafting of such reports. The former EU Competition Policy Commissioner, subsequently Chairman of BP and of Goldman Sachs, Peter Sutherland, once started an address to a conference with the words ‘Predictions are always difficult – particularly where they concern the future!’. When even such ‘big picture’ experts acknowledge how inevitably problematic it is to try to penetrate the veil which hides the future from humanity, would bars and law societies be better advised not to waste their time ‘predicting the future’ of their legal professions? On the other hand, how can anyone hope to plan for or even, to the extent possible, shape the future if they do not have a picture in their mind of how it will look?
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FROM THE CO-CHAIRS
By nature the legal profession and its professional bodies tend to be inherently conservative. We are wary of change. Our first instinct frequently is to question why we should change at all. Yet we all know that nothing is permanent except change. In recent years some bar associations have engaged in projects of trying to gaze into their crystal balls to predict and plan for the inevitable changes ahead. In 2013 the Canadian Bar Association (CBA) commenced the CBA Legal Futures Initiative, which was the first comprehensive study of its kind in Canada on how, and why, the Canadian legal marketplace is changing – and what the Canadian legal profession can do to adapt to those changes successfully. In August 2014, the Initiative released its comprehensive report: Futures: Transforming the Delivery of Legal Services in Canada. The report describes itself as providing ‘a series of recommendations to the legal profession, along with tools and resources, to assist the profession in remaining relevant, confident, and ready to deliver the services that clients want and need in a changed legal marketplace’. Joan Bercovitch, Deputy CEO of the CBA has been invited to tell us about that
project and what bar executives from other bar associations can learn from the study. The Law Society of England and Wales is also now planning to undertake its own study on the future of the legal profession. In Vienna we will learn from its CEO, Catherine Dixon, precisely what work is being undertaken. The opportunity to hear and question both of these speakers, and to share our own experiences, should be fascinating and thought provoking for us all. This newsletter – the Bar Executive Exchange newsletter – was established by the indefatigable Margery Nicoll eight years ago to connect Bar Executives and to share valuable information about host bar associations and the work of the Bar Issues Commission. Having been elected last October as Chair of the Bar Issues Commission, she has been elected to the highest office in the IBA ever held by a bar executive in the organisation’s history. Margery, very appropriately, is the person who is ‘In the Spotlight’ in this issue. We look forward to seeing you in beautiful Vienna!
CONTACT
CONTRIBUTIONS
If you have any queries about the BIC, please contact Elaine Owen, Head of Bar Issues Commission, at the IBA office in London (elaine.owen@int-bar.org).
Should you wish to comment or offer a contribution to Bar Executive Exchange, please contact Ed Green (Editor) at ed.green@int-bar.org
On the Web www.ibanet.org/barassociations/bar_issues_commission.aspx
Bar Executives Subcommittee – Remit The Bar Executives Subcommittee will be directed to those involved in the day-to-day management and administration of a bar association and those involved in international liaison on behalf of a bar association. Typically, membership will include Chief Executive Officers of bar associations, bar association staff and international liaison officers. The Subcommittee will provide opportunities for its membership to address issues and administrative matters which are of common interest. The Bar Executive Subcommittee will provide substantive meetings and training at the bar leaders’ conference and IBA Annual Conference, and where possible, at regional events. By working closely with those who work within a bar association, the BIC will help them to enhance their skills and abilities and exchange knowledge and ideas on administration, structure and promoting the rule of law worldwide. Of special interest to this group will be the BIC Programme for Excellence, which has been designed for member bar organisations that are keen to achieve organisational excellence. This Programme offers the benefits of a structured approach in identifying organisational strengths and areas of improvement and recognises successful efforts to implement excellence and best practice.
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BA R EXEC U TI VE EXC H A N G E ISSU E 15 OCTOBER 2015
IN THE SPOTLIGHT
Bar Executive Spotlight: Margery Nicoll From the Chair of the BIC When I was invited to become a member of the BIC’s new Policy Committee in 2005, I had no idea that my history with the BIC, and the IBA, would be longer than a few years. While I knew little about the IBA, I did realise that I was entering it at a time when bar associations were receiving real recognition of their importance to the organisation through the establishment of the BIC. To me, this development made perfect sense. I had left my own legal practice to join the Law Council of Australia, the national body of lawyers – and had seen first-hand the important role to be played by a bar association in commenting on proposed legislation; speaking out on rule of law and human rights issues; being part of the international discussion on transnational practice; and becoming involved with other bar associations throughout the world to uphold the independence of the legal profession and maintain its values. From the Policy Committee, I was invited to apply for a position on the newly developing Executive of the BIC. Although I didn’t fully appreciate it at the time, this was quite a leap of faith by the senior members of the BIC because I belonged to a new breed of membership – Bar Executives. It says much for the first Chair of the BIC, Akira Kawamura, and his successor, Alejandro Ogarrio, that they were so committed to developing a cohesive representative division within the IBA to look after the interest of the bars that they understood the important role played by Bar Executives in being the continuing, ‘corporate memory’ of bar associations. The place for Bar Executives within the BIC was further cemented by Hugh Stubbs, then Secretary General and adviser to the BIC. He requested Michael Clancy and myself – both Bar Executives on the BIC Executive – to convene a breakfast meeting for Bar Executives to discuss ‘common issues’ relevant to ‘Bar Executives’ and develop a new forum. The first thing that became clear to Michael and myself was that breakfast
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meetings were not the time of day to encourage the flow of creative ideas and general discussion. Attendance was low; spirits were even lower; and tongues were tied. Survival of the new group meant some quick adjustments – and so meetings were moved to the much more cheerful lunchtime slot. Participation has since flourished. It also became apparent that Bar Executives needed to know more about each other and the different environments in which they worked. To even describe what was meant by a ‘Bar Executive’ was a headache. Unlike the much respected and influential bodies of IILACE and CEEBA, whose membership was drawn from Chief Executives of bar associations, the term ‘Bar Executive’ was designed to include all employees and volunteers involved in the day-to-day management and administration of a bar association. The concept of ‘BEX’ – The Bar Executive Exchange newsletter – came about to help build collegiality amongst Bar Executives who only had a few days each year to meet - and to learn a little in advance of the host bar
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IN THE SPOTLIGHT
association in the cities in which IBA meetings were held. I am delighted that BEX has continued to be produced twice each year. The latest jewel in the crown of the development of the BIC has been the establishment of the Bar Executives Committee. Under the strong and experienced chairmanship of Ken Murphy and Merete Smith, a programme for Bar Executives has been developed and a future direction planned. With the membership number of the BIC Executive increased to ten, more opportunities now exist for Bar Executives to put themselves forward to become part of the BIC leadership. And what of the work of the BIC? I’ll make just one point. Having recently participated in an historical conference hosted by the Union of Iranian Bar Associations and the
IBA in Tehran on the independence of the legal professional and bar associations, if ever confirmation were required of the value of bar associations and the need for international support and co-operation amongst them, this was it. This Bar Association, which had the courage and conviction to convene the conference, could do so in the full knowledge that it did not stand alone. We should all be very proud to be part of the IBA, and the BIC – and the influence it has to maintain the integrity of the legal profession and bar associations. Margery Nicoll is the Chair of the Bar Issues Commission (BIC) and Co-Chair of the Presidential Task Force on the Independence of the Legal Profession. She is the first Bar Executive to be Chair of the Bar Issues Commission.
Clockwise from top left: Margery Nicoll and Bahman Keshavarz, President, Nationwide Union of Iranian Bar Associations; Margery Nicoll and Conference Organising Committee of the Nationwide Union of Iranian Bar Associations; Margery Nicoll and Senior Members of the Nationwide Union of Iranian Bar Associations.
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BA R EXEC U TI VE EXC H A N G E ISSU E 15 OCTOBER 2015
BIC EXECUTIVE OFFICERS COMMITTEE MEETING PROGRAMME
Bar Executive Officers Committee Meeting Programme Vienna, 6 October 2015
Bar Executives Programme (invitation only) This programme is for CEOs, bar association executives, international liaison officers and others who are responsible for the day to day running of their association and international project work. It is the first formal programme for our newly created Bar Executive Officers’ Committee which will go forward to plan its own agenda and future programmes. The schedule for the morning is: 0930 Coach pick up from the Austria Centre Vienna and travel to the Vienna Bar Association's offices at Rotenturmstrasse 13, Vienna 1010 for a morning’s programme that will include: 1000 – 1330 Tour of the Bar’s office Welcome address by Michael Enzinger President of the Vienna Bar Association Working session on ‘How to write reports on the future of the legal profession so that they can be of genuine value’ Joan Bercovitch Deputy CEO, Canadian Bar Association Ken Murphy Director General, Law Society of Ireland and Co-Chair of the Bar Executives Committee Merete Smith Secretary General, Norwegian Bar Association and Co-Chair of the Bar Executives Committee Lunch will be available during the working session 1330 Coach pick up and return to the Austria Centre Vienna
Bar Executives meeting and lunch in Tokyo
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BIC MISSIONS
BIC Missions: Guidelines for An International Regulatory Information Exchange Regarding Disciplinary Sanctions Against Lawyers
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he Policy Committee of the Bar Issues Commission (BIC) has drawn up draft Guidelines for an International Regulatory Information Exchange Regarding Disciplinary Sanctions Against Lawyers (the Guidelines). These draft Guidelines are to be considered, and hopefully adopted, by the IBA Council at its forthcoming meeting in Vienna on 10 October 2015. On 28 May 2011, the IBA adopted International Principles on Conduct for the Legal Profession (the IBA Principles) which included principles on independence, honesty, integrity and fairness, conflicts of interests, confidentiality and professional secrecy, clients’ interests, lawyers’ undertakings, clients’ freedom, property of clients and third parties, competence and fees. The Guidelines are drafted in pursuance of these IBA Principles and also in pursuance
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Norville Connolly Officer, Bar Issues Commission; Council Member, IBA Human Rights Commission; Law Society Northern Ireland’s Nominee to the IBA
of the public interest, the protection of clients and for the proper administration of justice and the rule of law. The BIC accordingly is promoting these Guidelines, which (when approved by IBA Council) also urge the adoption of regulations, coming as close as possible to these Guidelines, by Regulatory Authorities in each jurisdiction. Globalisation has had a significant impact on the legal profession. Today, more lawyers than ever are crossing national borders, virtually and physically, to serve clients’ needs. Undoubtedly, these numbers will continue to increase. With this growth in cross-border legal practice, in the interests of and to enhance client and public protection, lawyer accountability and cooperation between the Regulatory Authorities in each relevant jurisdiction must be addressed. In practical terms Regulatory Authorities in one jurisdiction (the Host Jurisdiction) need to know whether a lawyer is admitted and authorised to practice in that lawyer’s jurisdiction of admission (the Home Jurisdiction), and, also that lawyer’s disciplinary history. Also Regulatory Authorities in a lawyer’s Home Jurisdiction need to know a lawyer’s disciplinary history in any Host Jurisdiction where that lawyer practices. A first step towards achieving such accountability and cooperation is to encourage and facilitate better communication and cooperation between Regulatory Authorities in different jurisdictions and to enter into voluntary arrangements to facilitate the exchange of relevant information between these Regulatory Authorities. These guidelines acknowledge that Regulatory Authorities in different jurisdictions have different rules concerning the confidentiality of an individual lawyer’s personal information/data and the release of this information to a third party and that each Regulatory Authority shall release BA R EXEC U TI VE EXC H A N G E ISSU E 15 OCTOBER 2015
BIC MISSIONS
information on an individual lawyer to another Regulatory Authority only in accordance with that Regulatory Authority’s own rules and laws applicable to it. These guidelines focus on those cases where a disciplinary sanction has been imposed upon a lawyer. However they do not intend to prevent any exchange of information between Regulatory Authorities, if the relevant rules applicable to that regulatory Authority so permit, where proceedings are either anticipated, pending, ongoing or have been concluded without imposing a sanction or where a lawyer being suspected of having committed a disciplinary offence in a particular jurisdiction has left that jurisdiction, and disciplinary proceedings in respect of that suspected disciplinary offence have not been taken by the Regulatory Authority of that jurisdiction. In regard to the protection of confidentiality and personal data, there are a number of safeguards built into the Guidelines: • Paragraph F.1 makes it clear that information exchanged between Regulatory Authorities shall only be provided and used for the purpose of enhancing the protection of clients and the public and in the interests of the proper administration of justice. • Paragraph F.2 acknowledges that separate jurisdictions may have different rules concerning the confidentiality of an individual’s (including a lawyer’s) personal information/data and the release of this information to a third party, including another Regulatory Authority, and that any disclosure and use of such information is subject to the laws and regulations applicable to the disclosing or the receiving, as the case may be, Regulatory Authority. • Paragraph F.3 states that, in advance of an exchange of disciplinary information to another Regulatory Authority, any Regulatory Authority participating therein must first satisfy itself that such exchange is consistent with the laws and regulations applicable to it. • Paragraph F.4 states that it shall be for each Regulatory Authority to define exactly the level and type of disciplinary information, which should be disclosed to another Regulatory Authority. • Paragraph F.5 states, a Regulatory Authority may decline to disclose lawyer disciplinary
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information to a Regulatory Authority in another jurisdiction where it believes such information may be improperly used by that Regulatory Authority. Subject to these precautions concerning confidentiality and data protection, the Guidelines at Paragraph C. 2 urge, that upon the imposition of discipline against a lawyer in any jurisdiction, including a lawyer’s Host Jurisdiction, the Regulatory Authority of the jurisdiction imposing the discipline should provide details of any disciplinary proceedings which resulted in the imposition of discipline against the lawyer, including the substance of the allegations of misconduct, the date the proceedings were initiated, the date upon which the proceedings were concluded, the description of the proceedings, any findings made and the discipline imposed or actions taken in connection with those proceedings. The information furnished can be either upon request from another Regulatory Authority or of a Regulatory Authority’s own volition. The information exchange will be to a regulatory authority in any jurisdiction(s) in which it knows the disciplined lawyer is licensed/admitted/permitted to practice or has applied to be permitted to practice (including that lawyer’s Home Jurisdiction). In regard to the type of disciplinary information, which the Guidelines encourage Regulatory Authorities to exchange, Paragraph C.1 defines discipline as ‘a sanction imposed by any Regulatory Authority against a lawyer upon a finding that the lawyer has violated the applicable rules or standards of lawyer ethics and/or professional conduct. Discipline may include, but is not limited to, disbarment (revocation of license or ability to practice or striking from the roll), resignation with charges pending or in lieu of discipline, suspension (prohibition or restrictions of the right to practice for a period of time), censure, reprimand, admonition, probation, limitations on practice and/or the imposition of fine(s)’. Finally the Guidelines at Paragraph B.2 urge Regulatory Authorities to adopt protocols to deal with the mechanics of such disciplinary information exchange. With cross-border legal practice ever increasing, the BIC believes the adoption of these Guidelines by the IBA Council is a necessary step to help protect both clients and the public and to help promote confidence in the rule of law, the public interest and the proper administration of justice.
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IBA TASK FORCE ON INDEPENDENCE OF THE LEGAL PROFESSION
Report of the IBA Task Force on Independence of the Legal Profession August 2015
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his report is submitted to update the IBA Council on the work of the IBA Presidential Task Force on the Independence of the Legal Profession. The focus of the Task Force This IBA Presidential Task Force was convened in February of 2015 to focus on challenges to: • the independence of the legal profession; • lawyers’ exercise of their legitimate professional activities, and • attorney-client privilege and professional secrecy. The Task Force will be looking at the nature of the challenges in various jurisdictions; analysing the causes contributing to the current situation; synthesising the legal, policy and historical bases for the independence of the legal profession, and assessing and presenting recommendations on what can be done to shore up the profession. The Task Force is focusing on both direct and indirect challenges, as well as challenges as a consequence of legislation or governmental action intended to address specific issues, such as anti-terrorism legislation, government surveillance, and anti-money laundering legislation. The work of the Task Force Our work started with a compilation of relevant literature on the legal, policy and historical bases for the independence of the legal profession and the development of a preliminary list of ‘indicators of independence’ to help with the survey of developments in various jurisdiction in a structured way. The ‘indicators of independence’ that we are looking at include:
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Sylvia Khatcherian Co-Chair, IBA Task Force on Independence of the Legal Profession
Margery Nicoll Co-Chair, IBA Task Force on Independence of the Legal Profession
• How the legal profession is licensed and regulated, and the extent of the profession’s ability to regulate itself without external (eg, government) influence. • Freedom of lawyers to join independent professional organisations. • Lawyers’ ability to represent unpopular clients or controversial causes (eg, representation of those accused of terror) without fear of prosecution or other reprisals. • The strength of the principles of attorneyclient privilege (common law countries/ professional secrecy (civil law countries) and how they hold up under stress, for example – – anti-terrorism measures enacted in response to threats to national security; anti money laundering legislation and its effect on attorney-client privilege and professional secrecy. • The ability of the legal system to withstand political/media/community pressure in times of perceived national emergencies, and the extent to which the rule of law is maintained even in circumstances of heightened security concerns, for example: – Pressure to interpret the law in the government’s favour; to refrain from challenging the constitutionality of questionable legislation; to secure convictions and uphold administrative detentions. • The inclusiveness of the profession, and any barriers within the legal profession to participation by women and minority groups. The Task Force will also be looking at implications of changes in the structure of the legal profession, such as non-legal ownership of law firms, the emergence of ‘quasi legal’ organisations and the general commercialisation of the profession – and their impact on the independence of the legal profession.
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IBA TASK FORCE ON INDEPENDENCE OF THE LEGAL PROFESSION
Consultation by the Task Force
The next steps
An important feature of this project is to consult widely so that challenges to independence are identified in a wide range of jurisdictions. Through our Task Force Members we have received responses to our survey questions from Argentina, Australia, Brazil, Hungary, India, Mexico, Nigeria, Poland, Sweden and the Ukraine. Further responses are expected shortly from the United States, Ireland, and Finland. In addition to jurisdictions represented by our Task Force members, we: • have developed strong links with the Union of Iranian Bar Associations to discuss the project following a presentation in Tehran; • will consult with the Presidents of Law Associations of Asia and the project during their conference in September. • will be reaching out to IBA members in jurisdictions such as Russia and China for their input • will be gathering broader input through our collaboration on the session on Independence of the Legal Profession, scheduled for 30 September, in London, on the occasion of the Opening of the Legal Year, where the participation of 50 Bar Leaders is expected. We will be participating in the session in our capacity as Co-Chairs of this Task Force. The conference will also be attended by the IBA President, David Rivkin.
We expect to complete our survey of developments by end the of October, and then commence preparing a draft report analysing the nature of the challenges, identifying the contributing causes and any common threads immediately following that time. The expected completion date for the analysis phase of our work is December 2015. The analysis will inform and shape the Task Force’s preliminary recommendations on what should be done to shore up the profession, which we expect to have by March 2016. Task Force Members Olumide Akpata, Nigeria Akil Hirani, India Peter Koves, Hungary Ken Murphy, Ireland Anne Ramberg, Sweden Martin Solc, Czech Republic, IBA Vice President Philip Tahmindjis – IBA Secretariat, UK Maximo Bomchil, Argentina Ronaldo Veirano, Brazil Carita Wallgren, Finland Tomasz Wardynszki, Poland Claus Von Wobeser, Mexico Horacio Bernardes-Neto, Brazil Legal Support: Ben Aronson, Debevoise, New York Elizabeth Nielsen, Debevoise, New York
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AUSTRIAN BAR ASSOCIATION
The Austrian Bar (‘Österreichischer Rechtsanwaltskammertag – ÖRAK’) – the umbrella organisation of the Bars in Austria
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here are nine regional Bars in Austria, one in each federal state. The Bars are as public corporations autonomous self-governing bodies of the lawyers and trainee lawyers in their respective state. They manage their affairs partly directly in the plenary assemblies (Plenarversammlungen) and partly indirectly through their Board (Ausschuss). In addition to the tasks such as entries in the list of lawyers and trainee lawyers, fee management, old-age and survivors’ pensions of the professional members and service activities, the Bars have the right to examine draft laws relating to their respective state. The disciplinary council members, who are directly elected by the plenary assembly of the respective Bar monitor the compliance with the professional obligations of lawyers and trainee lawyers. In Austria, the registration with one of the regional bars is mandatory for holding the title of Rechtsanwalt/lawyer. It is therefore not possible to practice as a lawyer without being a member to the respective regional bar. The Austrian Bar is a corporation under public law and has its registered office in Vienna. Its sphere of activities covers the entire national territory. As the national organisation of all Bars in Austria, the Austrian Bar is responsible for safeguarding the rights and interests of Austrian lawyers. It represents the Austrian legal profession in its entirety. At current state there are around 5,900 practicing lawyers (Rechtsanwälte) – 80 of which are established European lawyers - and 2,000 trainee lawyers (Rechtsanwaltsanwärter). Approximately a fifth of lawyers and 49 per cent of trainee lawyers are women. The Austrian Bar is particularly responsible for submitting proposals for legislation and opinions on draft legislation to the competent body and for deciding on measures, which promote the exercise of the lawyer’s profession. It has also the right to issue guidelines particularly on the exercise of the lawyer’s profession. Thirteen working
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groups within the Austrian Bar constituted by distinguished members of the legal profession furnish expert opinions and participate in official hearings in order to effectively promote and defend the interest of lawyers. As a member of the CCBE (Council of Bars and Law Societies of Europe) the Austrian Bar is actively involved in the law of the legal profession as well as the legislation in Europe. The structure of the Bar In compliance with the Lawyers’ Act (Rechtsanwaltsordnung – RAO), the bodies of the Austrian Bar are the Assembly of Representatives (Vertreterversammlung), the Presidents’ Council (Präsidentenrat) and the Presidency (Präsidium). The Vertreterversammlung consists of the presidents of the nine Bars and additional delegates, who are elected by the plenary assembly of the respective regional Bar among their board members. The Präsidentenrat of the Austrian Bar is made up of the presidents of the nine Bars. Each Bar has a six-month term at chairing the Presidents’ Council. The Präsidium of the Austrian Bar comprises the President and the Bar’s three Vice-Presidents. The Assembly of Representatives elects the Presidency every three years. The President of the Austrian Bar acts as the Presidency’s chairperson. The President of the Austrian Bar represents the ethical and political principles and positions of Austrian lawyers in public and vis-à-vis the political decision makers. The Bar therefore serves as the unified voice of all Austrian lawyers and effectively implements the decisions taken by its committees. Since 2011, Dr Rupert Wolff is the elected President of the Austrian Bar. The Vice-Presidents are Dr Josef Weixelbaum, Dr Marcella PrunbauerGlaser and Dr Armenak Utudjian.
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VIENNA BAR ASSOCIATION
Requirements for practising the legal profession The requirements for practising as an Austrian Rechtsanwalt/lawyer are: • Austrian nationality or the nationality of another EU/EEA Member State or of Switzerland; • Completed course of studies in Austrian law; • Legal capacity; • Practical training of at least five years, whereupon five months have to be spent with an Austrian court and at least three years have to be spent in an Austrian law firm; • Attendance of a maximum of 42 half-days of professional development activities, as required by the Richtlinien für die Ausbildung von Rechtsanwaltsanwärtern (Guidelines for the Training of Trainee Lawyers); • Passing the Bar exam. The Bar exam shall test a lawyers ability in initiating legal
motions, composing legal documents and of presenting his case orally and in writing in the field of civil law, civil procedural law, administrative law, public law, company law, criminal law, tax law and the Austrian Law on the Profession of Lawyers. Furthermore he has to prove his knowledge of drafting legal contracts documents; • Taking out professional indemnity insurance. Austrian Lawyers may work as sole practitioners, or in law firm partnerships. They can also enter into legal forms that are registered in the commercial register such as: Gesellschaft bürgerlichen Rechts (civil law partnership), offene Gesellschaft (general partnership) or a Kommanditgesellschaft (limited partnership), ie, as a Rechtsanwalt-Partnerschaft (partnership of lawyers), as well as in the legal structure of a Gesellschaft mit beschränkter Haftung (limited liability company).
The Vienna Bar Association and its international work The Vienna Bar Association and its international work The Vienna Bar Association is the biggest of nine regional Bars in Austria. It comprises over 2,800 registered attorneys at law. It has been housed at the same address in the heart of Vienna near Stephansdom since 1853, its origins dating back to the 1848 revolution which lead to the separation of powers, the establishment of an independent judiciary and independent bars. The Bar is the administrative authority for the statutes governing the practice of law by attorneys at law. As well as representing the interests of its members, it also acts as a point of contact for people seeking legal advice and promotes the administration of justice in general. The structure of the Bar The Bar consists of the following bodies: • the President of the Bar; • the General Assembly (Vollversammlung);
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• the Executive Committee (Ausschuss); • Executive Director of the Bar (Kammeramtsdirektor); • the Auditor (Rechnungsprüfer); • the Disciplinary Committee (Disziplinarrat); • the Prosecutor (Kammeranwalt); and • the Examination Board. The President of the Bar conducts its dayto-day business and represents the Bar and the Executive Committee. Moreover, the President also supervises the carrying out of decisions taken by the General Assembly and the Executive Committee and acts as Chair of both. The General Assembly is convened by the President of the Bar within the first six months of each year, or if deemed by the Executive Committee or at the request of at least one in ten of the Bar’s members. It is responsible for all matters relating to the Lawyer’s Act, the Disciplinary Statute, the Bar’s Rule of Procedure and other relevant legal provisions.
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VIENNA BAR ASSOCIATION
The Executive Committee consists of the President of the Bar, the three deputy presidents, and 26 members. These are registered attorneys at law, as well as another three members, who are registered associates. It is the administrative body of the Bar, responsible for accounting and it maintains the Register of lawyers. The Disciplinary Committee supervises disciplinary proceedings, which are initiated by its Prosecutor. Requirements for the practice of law In essence, the requirements for being registered as attorney at law with the Bar are: • A law degree; • Five years of professional experience, including at least five months of judicial practice at Austrian courts, at least three years as associate and 42 half-days of seminars; • Passing the Bar exam. The Bar exam consists of both written and oral examinations focused on the following fields of law – private law, commercial and corporate law, public law, criminal law, civil and criminal procedure law, ethical and disciplinary rules, and tax law.
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Practice of law by attorneys at law registered in other jurisdictions Attorneys at law admitted to practice in the European Economic Area or in Switzerland can provide legal services under the professional title of their country of origin. For such purpose they have to notify the competent Austrian Bar beforehand. In cases of mandatory attorney representation they have to reach consensus with a registered Austrian attorney at law prior to rendering legal services. To be acknowledged as an ‘established’ European attorney at law, the attorney must be registered with the register for European attorneys maintained by the respective Austrian Bar. The attorney can subsequently request to be registered with the Register of Austrian attorneys, after at least three years of professional practice in Austria in the field of Austrian law. Attorneys at law admitted to practice in the European Economic Area or in Switzerland who pass a specific examination of professional competence will be admitted as Austrian attorneys of law without any waiting period. Other attorneys at law from abroad can provide legal services in Austria only as legal advisors in the field of their country of origin or in the field of international law, except for European law and the law of the European Economic Area.
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BAR EXECUTIVE OFFICERS
Bar Executive officers coming to Vienna 2015
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e have asked all the Bar Executive officers who are attending the IBA Annual Conference in Vienna to send us a photo and a few words about themselves. We hope this will make it easier for Bar Executives to connect during the conference.
Georges-Albert Dal
Torben Jensen
Past President, Ordre Francais des Avocats du Barreau de Bruxelles
Secretary General, the Danish Bar and Law Society
Past President of the CCBE, Georges-Albert Dal represents the French speaking Brussels Bar, which is the most important Belgian bar with more than 4,500 lawyers (including more than 650 foreign – European and nonEuropean – lawyers).
The organisation represents all 6,000 Danish lawyers and runs the disciplinary board, taking care of the supervision of the members, the basic education of lawyers and, not least, works for the rule of law.
Ximena Castrillon Executive Director, Chamber of Legal Services (National Business Association of Colombia) The organisation represents the most important companies providing legal services in the country and approximately 1000 lawyers.
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Ulrikke Krogbeck Head of International Association of Danish Law Firms Ulrikke organises member services and representational work relating to international issues.
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BAR EXECUTIVE OFFICERS
Christian Wisskirchen
Franz Peter Altemeier
Head of International Policy, Bar Council of England and Wales
Head of International Department and Human Rights, German Bar Association (Deutscher Anwaltverein – DAV)
Christian is responsible for the international trade, rule of law, liaison and policy work of the Bar Council of England and Wales.
The DAV Association is the independent representative body of the German legal profession. The Association represents the interests of more than 160,000 lawyers. Currently the DAV has 66,000 individual members, organized in 255 local bar associations worldwide.
Minna Melender Chief Executive (Secretary General), the Finnish Bar Association
Heike Lorcher (Bar Executive Officer, The German Federal Bar)
Inga Nebieridze Executive Director, Georgian Bar Assosiation The Georgian Bar Association is a professional unification, which carries out self-regulation of legal profession. Nowadays there are more than 4000 members in the organization. The association promotes Human Rights’ protection and intensively participates in legislative process. Its principles rely on the generally recognized principles of International Law, principles of independence, legality, and confidentiality.
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Frank W K Beecham Immediate Past President, Ghana Bar Association The Ghana Bar Association has a membership of four thousand five hundred Lawyers. It strives for the independence of the Bar and its lawyers and is a critical monitor of development in the rule of law.
BA R EXEC U TI VE EXC H A N G E ISSU E 15 OCTOBER 2015
BAR EXECUTIVE OFFICERS
Ciara Murphy
Raffi van den Berg
Director, Bar Council of Ireland
Secretary General, Netherlands Bar
The Bar of Ireland has a membership of 2,300 practising barristers. The mission of the Bar of Ireland is to provide leadership and representation on behalf of members of the independent Bar of Ireland, ensure the highest standards of ethical and professional conduct within the profession and to deliver valued and quality services for the benefit of members.
The Netherlands Bar has a membership of 17,400 lawyers. It advocates the independence of the Bar and its lawyers and is a critical monitor of developments in the rule of law.
Eiremwanrue Alufohai Executive Director, Nigerian Bar Association Emi Omura Director, Office of International Affairs, Japan Federation of Bar Associations The Japan Federation of Bar Associations is characterized by its compulsory membership, a broad range of self-governance structure and various human rights activities lead by members and committees within the organization. As a focal point for international affairs of the JFBA, Emi considers it paramount that diversity, including gender equality, is ensured in any organization’s decision making process.
The NBA is a non- profit, umbrella professional Association of over 100,000 Lawyers admitted to the Bar in Nigeria. It is engaged in the promotion and protection of human rights, the rule of Law & good Governance in Nigeria.
Dominika Stepinska-Duch Chair of the Foreign Cooperation Committee Chair, The Polish Bar Council Dominika also serves as Vice-Chair of the Access to Justice Committee at CCBE and as Communications Officer to the IBA Women Lawyers’ Interest Group.
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BAR EXECUTIVE OFFICERS
Sky Yang
Johan Sangborn
Vice President of International Affairs, Korean Bar Association
Act. General Counsel and Head of International Relations, Swedish Bar Association
Sky is in charge of KBA’s international activities and relations with foreign legal communities, particularly committed to promoting the 2019 IBA Annual Conferences in Seoul.
Johan is responsible for the international work of the Swedish Bar
The International Bar Association’s Human Rights Institute The International Bar Association’s Human Rights Institute (IBAHRI), established in 1995, works to promote and protect human rights and the independence of the legal profession worldwide. The IBAHRI undertakes training for lawyers and judges, capacity building programmes with bar associations and law societies, and conducts high-level fact-finding missions and trial observations. The IBAHRI liaises closely with international and regional human rights organisations, producing news releases and publications to highlight issues of concern to worldwide media. All IBAHRI activities are funded by grants and individual donations. To help support our projects, become a member for just £40 a year – less than £4 a month. Visit www.ibanet.org/IBAHRI.aspx for more information, and click join to become a member. Alternatively, email us at hri@int-bar.org. To read more on IBAHRI activities, download the IBAHRI Annual Report 2014 at http://tinyurl.com/IBAHRI-AnnualReport2014.
Our work around the world Work carried out in 2014
Work carried out prior to 2014
www.ibanet.org/IBAHRI.apsx
@IBAHRI
/IBAhumanrights
IBA ANNUAL CONFERENCE, VIENNA 2015
Bar Issues Commission sessions Sunday 1330 – 1630
Monday 1430 – 1545
PPID Open Forum
Model behaviour – a draft code of practice for FIFO Presented by the BIC International Trade in Legal Services Subcommittee, the Immigration and Nationality Law Committee, the Regulation of Lawyers’ Compliance Committee and the Taxes Committee
Sunday 1655 – 1830 Opening Ceremony Halls A/B/C, Level 2, Austria Center Vienna Transport will be provided directly after the opening ceremony from the Austria Center Vienna to the welcome party.
Sunday 1900 – 2200
Following on from the IBA report on cross-border trade and regulation of services published in Tokyo and previous conference sessions in Boston and Tokyo, the IBA is considering the establishment of a crosscommittee working group to design a model code for FIFO practice. The objective of such a proposed code would be to create greater clarity and consistency in the obligations on lawyers undertaking FIFO work; in terms of regulatory requirements, immigration law and tax. The proposed model code of practice would do this by providing a set of tools for governments to follow when making their trade commitments, tax and immigration rules; and for regulators to draw on when designing regulatory regimes for foreign lawyers. This session will begin this process by looking at how FIFO is currently treated in trade agreements and how such a code might be useful for those designing and implementing trade agreements and best practice guidelines.
Welcome Party Wiener Konzerthaus, Lothringerstraße 20, 1030 Vienna Sponsored by
BERSAY Associes BER_10_3955_Logo_Quadri 20/12/2010 24, rue Salomon de Rothschild - 92288 Suresnes - FRANCE Tél. : +33 (0)1 57 32 87 00 / Fax : +33 (0)1 57 32 87 87 Web : www.carrenoir.com
Session Co-Moderators Alison Hook Hook International, London, England Stephen Revell Freshfields Bruckhaus Deringer, Singapore; SPPI Council Member Nicolas Rollason Kingsley Napley, London, England; Conference Liaison Officer, Immigration and Nationality Law Committee
ÉQUIVALENCE QUADRI CYAN 100% - MAGENTA 80% JAUNE 0% - NOIR 75%
Ce fichier est un document d’exécution créé sur Illustrator version 10 ou ultérieure).
Speakers Tanja Dedovic International Organisation for Migration, Vienna, Austria Massimo Geloso-Grosso OECD, Paris, France Markus Jelitto World Trade Organization, Geneva, Switzerland
Monday 1430 – 1545 Dual qualification – enhancing your career prospects through qualifications Presented by the Academic and Professional Development Committee, the Bar Issues Commission and the Young Lawyers’ Committee Session Chair Sarah Hutchinson Barbri International, London, England; SPPI Council Member What are the benefits, costs and return on investment (both time and money) for the lawyer and the firm? How is this best handled from the perspective of the individual and the bar association? What are the routes and/or alternatives to dual qualification? Speakers Geraldine Clarke Gleeson McGrath Baldwin, Dublin, Ireland; SPPI Council Member Ghada Karam Holy Spirit University of Kaslik, Kaslik, Lebanon; Secretary, Academic and Professional Development Committee Kimathi Kuenyehia Sr Kimathi & Partners Corporate Attorneys, Accra, Ghana; Young Lawyers Initiatives Officer, Young Lawyers’ Committee
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Tuesday 0800 – 0930 The IBA Bar breakfast hosted by the Japan Federation of Bar Associations (JFBA): legal professional privilege in cross-border legal practices This breakfast session will explore recent developments in the substantive rules and regulations on legal professional privilege in major jurisdictions around the world. Given the cross-border nature of this issue, an analysis will be made of the difficulties and implications arising from the existence of different legal systems regulating legal professional privilege. The Japan Federation of Bar Associations (JFBA) has expressed its concern about the lack of recognition by the Japanese competition authority of legal professional privilege in its enforcement of the competition law.
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This issue is not contained to Japan only as when it comes to crossborder matters, the lack of due process in one jurisdiction is likely to affect corporations and lawyers outside of that jurisdiction too. A number of bar associations across the world, joined by the Litigation Committee of the IBA, echoed the JFBA’s concern on this issue and submitted their comments to the Japanese authority. The breakfast session will also take up subjects including the management of legal communications between legal departments of multinational corporations and external counsel, and ethical issues for external counsel advising on cross-border legal matters. Moderator Emi Omura Japan Federation of Bar Associations, Tokyo, Japan Speakers Thomas G Conway Federation of Law Societies of Canada, Ottawa, Ontario, Canada Philippe-Henri Dutheil French National Bar Council, Paris, France Liam Kennedy A&L Goodbody, Dublin, Ireland; Co-Chair, Litigation Committee Duncan McConnel Law Council of Australia, Braddon, Australian Capital Territory, Australia Steven Richman Clark Hill, Philadelphia, Pennsylvania, USA; Chair, Multidisciplinary Practices Committee Maria Slazak Council of Bars and Law Societies of Europe, Warsaw, Poland HALL L3
Tuesday 1430 – 1730
Wednesday 0800 – 0930 IBA Bar breakfast hosted by the Law Society of Scotland Session Chair Christine McLintock The Law Society of Scotland, Edinburgh, Scotland iTransact: delivering justice in a digital age Innovation in the use of technology has had a huge impact on how the legal profession delivers legal services and engages with clients, colleagues and the courts, while court systems are increasingly looking towards digital solutions to improve efficiency. Is the integrity of the profession and the system within which it operates enhanced by technology or is the need for sufficient safeguards struggling to keep up with the latest advances? This session will examine these questions with reference to recent developments including the growing use of smartcards incorporating digital signatures for practitioners, the introduction of new digital technology strategies in our justice systems, and the expanding application of online negotiation and dispute resolution techniques. Speakers Chunghwan Choi Lee & Ko, Seoul, South Korea; Member, IBA Management Board Janet Fuhrer Canadian Bar Association, Ottawa, Ontario, Canada Hannes Vallikivi Tark Grunte Sutkiene, Tallinn, Estonia; Vice Chair, International Financial Law Reform Subcommittee HALL L3
The impact of free trade agreements on crossborder legal services Presented by the BIC International Trade in Legal Services Subcommittee and the International Trade and Customs Law Committee Session Chair Steven Nelson VNS Tax & Legal, Hong Kong SAR As further liberalisation of global trade through the WTO process has effectively ground to a halt, at least for the time being, due to the stalemate in the Doha Round. Consequently, governments around the world have turned to free trade agreements and so-called ‘plurilateral’ negotiations as an alternative avenue for the reduction of barriers to trade, including trade in the increasingly-important services sector. Given the importance of legal services in facilitating cross-border trade and investment, the regulatory constraints on access to the legal profession and the market for legal services have been seen by some governments as creating a significant barrier to economic interaction with trading partners. This panel will address through several case studies and examples the process and outcome of inter-governmental negotiations, as well as initiatives of professional bodies, intended to reconcile the perceived governmental interest in greater openness with the recognised need for effective regulation of the legal profession. Speakers Chunghwan Choi Lee & Ko, Seoul, South Korea; Member, IBA Management Board Jonathan Goldsmith Council of Bars and Law Societies of Europe, Brussels, Belgium; Vice-Chair, BIC Liaison Regulation of Lawyers’ Compliance Committee Markus Jelitto World Trade Organization, Geneva, Switzerland Akira Kawamura Anderson Mori & Tomotsune, Tokyo, Japan Iain Sandford Sidley Austin, Geneva, Switzerland
Wednesday 0930 – 1230 What does the future hold for small law firms and what is the role of bar associations in helping these small law firms prepare for this future? Presented by the Bar Issues Commission Session Co-Chairs Norville Connolly Law Society of Northern Ireland, Belfast, Northern Ireland; Officer, Bar Issues Commission Claudio Visco Macchi di Cellere Gangemi, Rome, Italy; Vice-Chair, Bar Issues Commission In some jurisdictions, many small law firms are struggling with challenges such as profitability and viability issues for a variety of reasons. These include lack of specialisation, increased competition from both within the profession and from the outside (ie, claims management companies, alternative business structures, mixed disciplinary practices and the withdrawal or reduction of publicly funded legal services). Other law firms are unsure what the future prospects for small firms are, whether they need to change and how they can prepare for the future. How do bar associations see the future for small law firms and how can bar associations help these law firms prepare for the future? Speakers Susan Burns Susan Burns, Minneapolis, Minnesota, USA Alison Hook Hook International, London, England Linda Kasonde Mulenga Mundashi Kasonde Legal Practitioners, Lusaka, Zambia; Website Officer, Women Lawyers’ Interest Group
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IBA ANNUAL CONFERENCE, VIENNA 2015
Robert Millard Møller PSF Group, Cambridge, England; Senior ViceChair, Law Firm Management Committee Corrado Scivoletto Studio Legale Associato, Rome, Italy; Website Officer, Immigration and Nationality Law Committee Jonathan Smithers The Law Society of England and Wales, London, England ROOM -2.31
Wednesday 2000 – 2230 Bar Issues Commission dinner Orpheus Spiegelgasse 10, 1010 Vienna
Thursday 0730 – 0930 BIC Open Forum
Wednesday 1430 – 1730 PPID SHOWCASE: blurred lines – what it means to be a lawyer in the 21st century Presented by the Bar Issues Commission, the Section on Public and Professional Interest, the Corporate Social Responsibility Committee, the Judges’ Forum, the Multidisciplinary Practices Committee, the Professional Ethics Committee and the Regulation of Lawyers’ Compliance Committee Session Co-Chairs Søren Jenstrup The Danish Bar and Law Society, Copenhagen, Denmark; Officer, Bar Issues Commission Stephen Revell Freshfields Bruckhaus Deringer, Singapore; SPPI Council Member This showcase session will focus on what it means – or should mean – to be a lawyer, what distinguishes our profession and how we best maintain our key attributes of providing access to justice, independence, confidentiality and freedom from conflicts of interest. We will examine the ‘blurred lines’ given the many different regulatory approaches that now exist to permit the ‘practice of law’ by non-lawyers, accountants, listed companies, legal service providers, multidisciplinary firms and many other alternatives. Regulation is an integral part of being a lawyer, whether in the form of internal codes of conduct, ethical standards or formal regulation/ legislation or a combination. A panel representing all aspects of this debate will discuss the balance between the demands of society (and politicians) and maintaining the right professional standards that have historically been the hallmark of the legal profession. Keynote Speaker Professor David Wilkins Harvard Law School, Cambridge, Massachusetts, USA
Thursday 0930 – 1230 The independence of the legal profession in Europe Presented by the IBA’s Human Rights Institute (IBAHRI) and the Bar Issues Commission Session Chair Baroness Helena Kennedy QC London, England; IBAHRI Co-Chair The global financial crisis has impacted on the independence of the legal profession and access to justice in Europe, with cuts in legal aid, court financing and changes in regulation. Tensions between the judiciary and governments have grown when questions of human rights protection are at stake. Lawyers working on politically sensitive areas continue to be subject to executive interference, including through surveillance and harassment. This session will look at the challenges and threats to the independence of the legal profession in Europe, and consider effective responses to it, with a panel composed of prominent experts and an interactive question-and-answer session. Speakers Khalid Baghirov Azerbaijan Bar Association, Baku, Azerbaijan Lucy Scott-Moncrieff The Law Society of England and Wales, London, England; Co-Chair, Access to Justice and Legal Aid Committee Nick Stanage Hungary Fact-Finding Mission Rapporteur, Manchester, England Herdis Thorgeirsdóttir Venice Commission (Council of Europe Commission of Democracy through Law), Reykjavik, Iceland ROOM 2.15
Speakers Thomas G Conway Federation of Law Societies of Canada, Ottawa, Ontario, Canada Francisco Esparraga School of Law The University of Notre Dame Australia, Sydney, New South Wales, Australia Elise Groulx-Diggs Doughty Street Chambers, Washington, DC, USA; External Communications Officer, Corporate Social Responsibility Committee Judge Geoffrey Monahan Federal Circuit Court of Australia, Sydney, New South Wales, Australia; Vice-Chair, Judges’ Forum Maria Slazak Council of Bars and Law Societies of Europe, Warsaw, Poland Pieter Tubbergen Schaap Advocaten Notarissen, Rotterdam, the Netherlands; Newsletter Editor, International Sales Committee Claudio Undurraga Prieto y Cía, Santiago, Chile HALL F1
Thursday 1430 – 1730 IBA Council meeting (Appointed council representatives only)
Friday 0930 – 1230 Tritsch-Tratsch (Polka, Op 214) is heard through the Chinese Wall – new challenges for the traditional conflict of interest principle Presented by the Bar Issues Commission, the Professional Ethics Committee and the Regulation of Lawyers’ Compliance Committee Session Co-Chairs Peter Koves Lakatos, Köves és Társai Ügyvédi Iroda, Budapest, Hungary; Vice-Chair, Bar Issues Commission Alberto Navarro Navarro Castex Abogados, Buenos Aires, Argentina; Co-Chair, Professional Ethics Committee Continued overleaf
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In his high-spirited Tritsch-Tratsch-Polka, Johann Strauss melodised the sound of ‘chit-chat’. It is precisely this ‘chit-chat’ of lawyers that the conflict of interest rules were initially created to avoid. This session, supported by the Austrian Bar Association, will explore how this traditional concept is applied in the 21st century as large law firms tend to interpret it somewhat differently than small firms or solo practitioners, let alone the bars and law societies. Our distinguished panel of speakers from various sized firms and bars will discuss many pertinent questions that affect the modern use of these rules, such as: • How do commercial conflicts interact with the traditional conflict of interest concept? • Do the rules function to avoid a real danger of using confidential information or is this an attribute of the legal profession being part of the impartial justice system? • Is the Chinese Wall a real solution? Speakers Rachel McGuckian Miles & Stockbridge, Rockville, Maryland, USA; Secretary, Professional Ethics Committee Alessandra Nascimento Silva e Figueiredo Mourão Nascimento Mourão Sociedade de Advogados, Bahia, Brazil Christopher Perrin Clifford Chance, London, England Stephen Revell Freshfields Bruckhaus Deringer, Singapore; SPPI Council Member Rupert Wolff Austrian Bar, Vienna, Austria HALL L8
Friday 1430 – 1700 Rule of Law Symposium: the Arab Summer and Fall Presented by the Rule of Law Forum and the Arab Regional Forum Session Moderator Essam Al Tamimi Al Tamimi & Company, Dubai, United Arab Emirates; Co-Chair, Rule of Law Forum In the wake of the widespread publicity of the ‘Arab Spring’, a panel of experts will discuss what has followed – the successes and failures of reform efforts and the impact on democratic processes, official corruption, treatment of minorities and freedom of religion, expression and assembly. Panellists will be encouraged to second guess decisions made by various countries during the Arab Spring, analyse reasons for successes and failures, and look ahead to possible future courses for Arab countries still involved in, or just beyond, their ‘Arab Springs’. Speakers Ibrahim Al Najjar Ibrahim Najjar Law Firm, Beirut, Lebanon Mohamed ElBaradei International Atomic Energy Agency, Vienna, Austria Sharif Ali Zu’bi Ali Sharif Zu’bi Advocates & Legal Consultants, Amman, Jordan HALL F1 The 2015 IBA Human Rights Award will be presented during the morning session of the Rule of Law Symposium. Award sponsored by
Friday 1000 – 1230 Rule of Law Symposium: egregious failures of the rule of law? Presented by the Rule of Law Forum
Friday 1930 – 2300 Closing party and dinner
Session Chair Homer Moyer Jr Miller & Chevalier Chartered, Washington, DC, USA; Co-Chair, Rule of Law Forum
Hofburg Palace, Heldenplatz, 1014 Vienna
We will initially discuss the meaning and elasticity of the term ‘rule of law’. Panellists will then profile six to ten incidents, selected from lists of candidates put forward by various organisations as examples of egregious failures or abuses of the rule of law. This will not be a top ten list; rather, there will be examples of rule of law failures in several categories. Each will be described and then analysed as to whether and why it represents a failure of the rule of law. A summary of the examples and the analyses, pros and cons, will then be publicised through IBA publications and /or press releases for further public discussion. Speakers Luis Moreno Ocampo International Criminal Court, The Hague, the Netherlands Sternford Moyo Scanlen & Holderness, Harare, Zimbabwe; Chair, African Regional Forum Patricia O’Brien Under-Secretary-General for Legal Affairs and the Legal Counsel of the United Nations, New York, USA HALL F1
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