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Prague 2005 International Bar Association Conference 25-30 September Programme Page 2 PRACTICAL LAW COMPANY Contents Contents IBA office Messages of Welcome 4 In addition to the Association’s senior Officers, staff from the IBA office in London will be attending the Daily Schedule of Sessions 7 Conference and would be happy to talk to delegates about any aspect of the Association’s work. Information for Newcomers 19 Executive Director Mark S Ellis Deputy Director; Director of Marketing International Bar Association 21 and Public Relations Tim Hughes Deputy Director – Policy Advisor / Showcase Sessions 22 Head of LPD Annabel Dunster Managing Editor General Interest 25 Paul Crick Head of PPID / Deputy Head of LPD Wendelien Brada Working Sessions Human Rights Institute Director Fiona Paterson Legal Practice Division 27 Head of Conferences Julie Elliott Public and Professional Interest Division 73 International Bar Association 10th Floor, 1 Stephen Street London W1T 1AT, UK General Information 83 Tel: +44 (0)20 7691 6868 Fax: +44 (0)20 7691 6544 www.ibanet.org Venue Layout – Prague Congress Centre 85 Social Programme Continuing Professional Development / Continuing Conference Events 89 Legal Education The Conference has been accredited for 24 hours of CPD/CLE by the Law Committee Events 91 Society of England and Wales, the New York State Bar and the State Bar of California. Hotels 93 For delegates from other countries where CPD/CLE is mandatory, the IBA will be pleased to provide a Certificate Embassies and Consulates 95 of Attendance for this Conference. Subject to your Bar Association/Law Society, the Certificate may be used to Exhibition 96 obtain the equivalent accreditation in your jurisdiction. Certificates have been included in Exhibition Plan – 2nd Floor, PCC 99 delegates’ bags, which they receive upon registration and can be authenticated by staff at the Registration Desk. Subject Index 101 3 Messages of Welcome From the IBA President From the Chair of the Legal Practice Division t is fitting that the IBA, the world’s largest international I he Legal Practice Division legal association, should choose (LPD) has spent months to have its Annual Conference T putting together topical in Prague, a city with a programmes for this year’s venerable past, a thriving Conference in Prague which, present and an exciting future. you will see, provides an The IBA brings together a opportunity to reflect on an truly exceptional and diverse international scale challenges group of people, and I am that we face in conducting our delighted to welcome all of you to this year’s Annual day-to-day practice. Conference. I welcome in particular those who have I draw your attention particularly to our Conference not experienced an IBA Conference before. Please do Showcase sessions, details of which can be found Messages of Welcome feel free to talk to any of the Association’s Officers or on pages 22 and 23. Of equal importance are the a member of staff if you would like to learn more sessions run by the Sections, specialist Committees about the Association or if you want to get involved. and working groups. All volunteers are welcome to contribute to the work Aside from the hard work at the Conference of the Association and those who get involved find it Centre, I do hope that you take full advantage of the extremely rewarding both professionally and varied social programme on offer. I was closely personally. involved in the planning of the Gala Dinner and would A year on from the launch of the restructured urge you not to miss what will be a most spectacular Association, much has happened. One achievement of evening. which we should be particularly proud is our new Bar For those of you who are regular attendees, I look Issues Commission (BIC). Through the BIC, the IBA’s forward to seeing you again. For those attending an Member Organisations now have a forum to discuss IBA Conference for the first time, I welcome you and issues of common interest. The BIC is organising a hope that you get as much enjoyment professionally number of sessions here in Prague, which will be of and personally from the IBA as I have over the years. interest not only to representatives of our Member A particular welcome goes to the scholars who join us Organisations but also to private practitioners with an at the Conference. I am confident that this will be the interest in the profession’s global developments from first of many Annual Conferences you will attend, so a regulatory perspective. great is the benefit of attending. The programme offered to you in Prague is truly I wish everyone a fulfilling and enjoyable week. outstanding, and I take this opportunity to thank all those involved in making it happen. Take your time to peruse the programme: there is so much on offer we are spoilt for choice. I wish you a very pleasant week and look forward to talking with many of you in person. Michael J Reynolds Chair, Legal Practice Division Francis Neate President, International Bar Association 4 Messages of Welcome From the Chair of the From the Chief Justice of Public and Professional the Supreme Court of the Interest Division Czech Republic he Public and Professional t is a great honour to have TInterest Division (PPID) Ithe opportunity of addressing provides sessions focusing the participants of the on public and professional International Bar Association’s developments within the Conference for two reasons. profession. We offer the First, I am very much aware of opportunity to ‘give something the importance of the issues back’, to contribute to activities which make up the Conference that support, inter alia: human programme. Secondly, we live in rights; bar issues; access to a complicated world today, a justice; judges; barristers; academics; women; world of conflict between good and evil in which that young and senior lawyers; ethics; corporate social conflict is becoming ever more intense, and evil hides responsibility; law firm management; legal education; behind good. In such a world, society is tempted and the development of the legal profession. to put restrictions on freedom that go beyond its Do visit the IBA’s membership stand to learn how fundamental meaning. It is obvious that freedom is you can participate in the IBA’s work. Work doesn’t not an empty notion, but a value of the greatest stop at the end of the Conference week, and your importance, defined by the protection of the rights active participation in our activities will be welcomed. and legitimate interests of the individual. Aside from keeping up to date with developments, The role of the lawyer is to protect the individual, do bear in mind that attendance at the Conference and for this reason I am more than happy to offer can help with CLE credits. In your conference bag my full support and best wishes to this year’s you will find a Certificate of Attendance, which I Conference being held in the capital of the Czech encourage you to get validated at the registration desk, Republic. Moreover, I am sure that the unique beauty so that you may obtain credits in your home country. of Prague will further guarantee the Conference’s I hope you have a wonderful week. success. JUDr. Iva Brožová L Thomas Forbes QC Chief Justice of the Supreme Court of Chair, Public and Professional Interest Division the Czech Republic Conference Host Committee Chair The IBA would like to thank the following for their Martin Šolc Kocián Šolc Balaštík patronage of the Conference: Vladimira Glatzova Glatzova & Co Jan Matejcek White & Case Iva Brožová Chief Justice of the Supreme Court of the Czech Republic Marek Procházka Procházka Randl Kubr & Partners Carel Čermák Former Minister of Justice and former President Alexander Schwarz Gleiss Lutz of the Czech Bar Mikulas Touska Allen & Overy Vladimír Jirousek President of the Czech Bar Association Josef Vejmelka Vejmelka & Wünsch Pavel Rychetský President of the Constitutional Court of the Jana Wurstova Head of International Department, Czech Republic Czech Bar Association 5 Page 6 LEGALEASE Daily Schedule of Sessions Daily Schedule of Sessions Working Sessions Working sessions will take place from SUNDAY 0930 – 1230 and 1400 – 1700 at Prague Congress Centre (PCC), Corinthia TIME EVENT LOCATION PAGE Towers Hotel and Holiday Inn Hotel. 1000 – 1800 Registration 1st Floor, PCC Please refer to the location map and meeting room layouts for the PCC on 1900 – 2230 Welcome Party Municipal House 89 pages 85 and 87. Coffee and tea break times: 1045 – 1115 and 1515 – 1545. Committee business meetings discuss future activities; members and Opening Ceremony non-members are welcome to attend. With the exception of the Cultural MONDAY 26 SEPTEMBER Issues Programme ‘The importance of 0900 – 1000 literature in the Czech Republic’, Congress Hall, PCC 1400 – 1700, Monday 26 September, guests are not entitled to attend Master of Ceremony working sessions. Martin Šolc Chair, Conference Host Committee Speakers Dress Code Francis W Neate President, International Bar Association The dress code is casual for working Michael J Reynolds Chair, IBA Legal Practice Division sessions and smart casual for social events L Thomas Forbes QC Chair, IBA Public and Professional Interest Division with the exception of the Gala Dinner at Prague Castle, which is black tie or Keynote Speaker national dress. Václav Klaus President of the Czech Republic The IBA is honoured that the President of the Czech Republic, Social Programme Václav Klaus, has agreed to open the Conference. Full details of all Conference and Václav Klaus has been one of Eastern Europe’s most influential post- Committee events appear on pages 89 Communist leaders. The first finance minister of the Czech Republic after and 91.