NEWSLETTER OF THE INTERNATIONAL BAR ASSOCIATION’S BAR ISSUES COMMISSION Bar Executive Exchange

ISSUE 17 SEPTEMBER 2016

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

CONTENTS Co-Chairs welcome Obama has challenged lawyers message: Ken Murphy and Merete Smith 1 to be ‘problem solvers’ Bar Executive Profile – Paul V Carlin 3 ‘Most people who serve in Washington locals tend to call it) for the IBA’s Annual Bar Executive Officers have been trained either as lawyers or as Conference in this great city of lawyers, we in Committee Meeting political operatives – professions that tend the Bar Executives Committee will take up the Programme 5 to place a premium on winning arguments President’s perceptive and pertinent challenge New IBA publication rather than solving problems.’ that we be ‘problem solving’ in our orientation. – Benchmarking Bar President Barack Obama The first step to problem solving is the Associations 6 According to official remarkable statistics, one sharing of all relevant information and

The American Bar person in every 12 living in Washington, DC is a insights with a view to evaluating and Association 8 lawyer. It is the greatest concentration of lawyers choosing possible solutions. This is the same in any city in the United States and, probably, in spirit which animated the very successful Bar The American the world. Executives business session at the meeting we Bar Association’s international work 10 President Obama, a lawyer himself, has held in Barcelona in May. As Co-Chairs of the lived in the White House for the last seven Bar Executives Committee we are committed Bar Executive and a half years. With Washington, DC in to that spirit also animating our discussions officers coming to recent years more associated with partisan in ‘DC’ to which every one of you, who is Washington, DC 2016 11 political gridlock than ‘problem solving’, it an executive staff member in a Bar or Law is perhaps not surprising that the eloquent Society, is hereby cordially invited. IBA Annual conference but often politically frustrated President has We shared information and ideas on Washington, DC 2016 remarked: ‘I wish the country had fewer several diverse agenda items at our meeting – Our sessions 15 lawyers and more engineers’! in Barcelona. By common consent the As thousands of international lawyers gather formula was very successful. Accordingly in Washington, DC (or simply ‘DC’ as the we have decided to put the following three

ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE EXCHANGE 1 FROM THE CO-CHAIRS

very different but challenging issues on our What are the international trends for agenda for the meeting which will be held change in the regulation of the legal at the American Bar Association's DC office. profession? They are:- For this we will be joined by special guest The big picture for small firms speaker Alison Hook, who is a consultant to the Regulation Authority in England & What does the future hold for solo general Wales and who has been recognised by the IBA practitioner law firms? What can and should for her expertise in this field having recently Bars and Law Societies be doing to assist? produced the IBA legal Regulators' Directory. The economic pressure, from the modern We fervently hope to welcome you to world, on the business model in question the Bar Executives meeting in DC. This is seems to be increasing on every continent – in your opportunity to share your thoughts rural areas in particular. Should it all simply and experiences with your Bar Executive be left to market forces? Or should we be colleagues from around the world and to offering assistance to beleaguered colleagues? learn from theirs. This is a unique and If the latter, what assistance to solo general invaluable forum to which we can all practitioners (eg, to retire or to merge into contribute and from which we can all benefit. bigger law firms) has been tried with success? To conclude on an inspirational note, we could not do better than recall some now Brexit often-quoted but still stirring words of President Obama. In a famous speech in his 2008 election What are the Bars and Law Societies most campaign he said: directly affected doing to prepare for it? What, ‘Change will not come if we wait for some if anything, should the rest of us be doing? other person or some other time. We are We will hear from bar executives on the the ones we have been waiting for. We are front line on how they are trying to prepare for the change we seek.’ Brexit effects, for their professions, that are as Let the Bar Executives Committee help you to yet very difficult to predict. be a ‘problem solver’ in your organisation.

Ken Murphy Merete Smith Director General Secretary General Law Society of Ireland Norwegian Bar Association Co-Chair, Bar Executives Committee Co-Chair, Bar Executives Committee

CONTACT CONTRIBUTIONS If you have any queries about the BIC, please contact Becca Should you wish to comment or offer a contribution to Bar Executive Verhagen, Head of Bar Issues Commission, at the IBA office in Exchange, please contact Ed Green (Editor) at [email protected] ([email protected]).

On the Web www.ibanet.org/barassociations/bar_issues_commission.aspx

2 BAR EXECUTIVE EXCHANGE ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE PROFILE

Bar Executive Profile – Paul V Carlin Executive Director, Maryland State Bar Association

oon, I learn, you will be visiting Washington, DC (District of Columbia), Sour nation’s capital! Welcome! An interesting factoid is that all of current DC was formerly Maryland until 1791. This federal quadrangle was originally donated to the new United States Government by the states of Maryland and Virginia, but due to the dispute between our northern and southern states in the 1860s, Virginia reneged on its part and never gave it back. So, welcome to Maryland! A bit of tongue-in- cheek humour is that we like to say that DC is ‘an eight mile quadrant bordered on all sides by reality’. We also refer to Maryland as America in miniature – from the Atlantic coast to the Appalachian Mountains in the West, with its predominant geological feature being the Chesapeake Bay, America’s largest bay. We also like to say that it is ‘The Land of Pleasant Living’. While Maryland is just 43rd of the 50 States in land area, we do claim to have the 14th highest number of lawyers, and the to Washington, DC to establish their Lawyer Maryland State Bar Association is the fifth Referral and Information Service, which was largest voluntary bar association with about the first of its kind in the US. I then became 25,000 members. the Executive Director of the Baltimore City Washington, DC is a fascinating city with so Bar Association and the Connecticut Bar much to see. As to the legal profession, if New Association before beginning a 32-year tenure York City is the centre of business and finance with the Maryland State Bar Association. for the US, Washington, DC is the epicentre At each stop, I made the delivery of legal for US lawyers. The mandatory DC Bar has services to all, regardless of financial means, about 110,000 lawyer members. a priority. Like most of you, I did not I am finishing up 42 years of satisfying envisage a career with a bar organisation, but employment with bar associations this am grateful to find a path that has been so December. After spending three years in rewarding and productive. Europe, primarily Munich, West Germany, I Looking back, my biggest involvements returned to the US with the determination were the creation of our own malpractice to assist persons who do not have ready insurance company, when the market access to the law and our courts. I started tightened and so many commercial with the Philadelphia Bar Association as companies stopped writing policies; the their Director of Legal Services and was creation of a pro bono corporation to able to start an inner city clinic and also organise and coordinate the delivery of pro the Senior Law Center, which 40 years later, bono legal services in the state; the creation is the largest legal service provider to the of professionalism courses for our newly elderly in Pennsylvania. From there I moved admitted lawyers; and also the development

ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE EXCHANGE 3 BAR EXECUTIVE PROFILE

2016 Bar Executives Subcommittee meeting in Barcelona, Spain

of a legal education department within the us abreast of all the current developments state bar when our former institute ceased occurring with the profession and our ever doing business. While those high points faster and demanding flow of information stand out, our prime activity is the day-to- in modern society. The world has indeed day business of administering programmes become smaller and communication almost and events to our 25,000 members and anywhere can become instantaneous. We find arranging about 500 meetings a year for more and more that the situations we deal more than 100 separate entities, like our with are very similar for all of us worldwide. committees and sections. Just like in your To these situations and problems, we need various organisations and certainly with our to assess the facts and create the workable voluntary association, our mantra is ‘Service solutions. We do this in an orderly fashion to Our Members’. which we call the rule of law. I’m sure that Just like your Bar Executive group, I your gathering in DC will continue to pursue have always been active with the National this ideal through your exchange of ideas and Association of Bar Executives (NABE) in valuable communication. We are all citizens the US and in the last decade with IILACE. of this world. The exchange of ideas and education keeps

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.

4 BAR EXECUTIVE EXCHANGE ISSUE 17 SEPTEMBER 2016 BIC EXECUTIVE OFFICERS COMMITTEE MEETING PROGRAMME

Bar Executive Officers Committee Meeting Washington, DC, Tuesday 20 September 2016

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 Washington Marriott Wardman Park and travel to the American Bar Association’s DC office at 1050 Connecticut Avenue, NW, 4th floor, Washington, DC 20036

1000 – 1330 Welcome address by Jack L Rives Executive Director of the ABA

Working session one: The big picture for small firms – what does the future hold for solo general practitioner law firms? What can and should Bars and Law Societies be doing to assist?

Working session two: Brexit! What are the Bars and Law Societies most directly affected doing to prepare for it? What, if anything, should the rest of us be doing?

Working session three: What are the international trends for change in the regulation of the legal profession Alison Hook Hook Tangaza, London, England; Vice-Chair, BIC International Trade in Legal Services Subcommittee

Complimentary lunch will be served at the American Bar Association

1330 Return via coach to the Washington Marriott Wardman Park

By invitation only

To register your interest, please contact Becca Verhagen at: [email protected].

ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE EXCHANGE 5 NEW PUBLICATION

New Publication Benchmarking Bar Associations

Special Rapporteur with the book contents being overseen by Norville Connolly and Philip Tahmindjis. The new book has a much broader Norville Connolly reach in that the areas of guidance have been significantly expanded and updated. Officer, Bar Issues New areas covered include membership Commission Council services, regulation, representation, ethics, Member, IBA Human disciplinary and complaints procedures, rule Rights Institute. Law of law, human rights and access to justice, Society Northern pro bono work and international work and Ireland’s Nominee relations. The book therefore, while being to the IBA of particular help to new bar associations, especially in developing countries, will also be a useful tool to bar associations which are already developed but which wishes to benchmark its functioning and scope against best international practice. The author, Nusrat Chagtai, correctly places the independence of the legal profession as an important cornerstone in the proper functioning of society and at

Benchmarking Bar Associations Nusrat Chagtai the book’s beginning United Nations Basic Principle 24 is quoted. ‘Lawyers shall be entitled to form and join self-governing n 2009 the IBA Bar Issues Commission professional associations to represent together with the Open Society Initiative their interests, promote their continuing Ifor Southern Africa published a book education and training and protect their entitled Benchmarking Bar Association: A professional integrity’. Accordingly in Guide for Bar Associations and Law Societies forming a self-governing bar ‘the principle in Developing Countries written by Nusrat of independence, which is essential to a Chagtai, now a legal consultant to the bar’s ability to fulfil its role within society’ Horizon Institute. This book created a step- needs to be considered. The fundamental by-step practical advice, benchmark manual characteristics, objectives and functions to assist developing bar associations and that bar associations and law societies also an important tool to those working on (bars) must strive to attain, stem from the human rights and law particularly in Africa. important status held by the legal profession It laid out clear guidelines on such matters within society. These fundamentals are also as bar independence, establishment, ethics, reflected in a range of international and education and financial responsibility to help regional norms. In particular, the UN Basic such developing bar associations. Principles for the Independence of the legal profession provide essential guidance with Such was the success of this book, the IBA regard to the establishment and functioning Bar Issues Commission has now published of bars. Accordingly the author states at the a second edition – Benchmarking Bar beginning ‘the independence of the bar from Associations. This new edition, also authored the State in all its pervasive manifestations by Nusrat Chagtai, includes contributions is one of the hallmarks of a free society’. from a wide range of sources including an Linked to this is the principle that ‘adequate introduction by IBA Executive Director Mark protection of the human rights and Ellisand a foreword by Monica Pinto, UN fundamental freedoms to which all persons

6 BAR EXECUTIVE EXCHANGE ISSUE 17 SEPTEMBER 2016 NEW PUBLICATION

are entitled, be they economic, social and monitor, champion, educate the public and cultural, or civil and political, requires that all on human rights and law reform persons have effective access to legal services issues and promote access to justice, legal provided by an independent legal profession’ representation and legal aid. Pro bono work and therefore ‘an independent bar is thus is strongly promoted. ‘Bars clearly have an key to the protection of the rule of law and obligation to assist the public. Pro bono human rights. Central to independence, is work in many societies can be critical to the ability to self-regulate and self-govern ensuring that people can access the justice without undue interference’. system and realise their rights’ The book The author, having established that bars asks that Bars consider whether pro bono must have the overarching cornerstones should be mandatory for its members as part of independence, assisting access to justice of their professional responsibilities. Bars and respect for the rule of law, through the are urged, to ‘cooperate and coordinate’ in eight chapters in the book takes readers an appropriate way with governments, civil through the detail of the establishment of a society, NGOs law clinics and paralegals in bar association from establishment, the need promoting rights and access to justice. Finally, for strong and clear governance including bars are urged to work with international leadership and appropriate, accessible and organisations including for example the democratic committee structures which IBA, the International Criminal Court so are transparent and readily available for as to strengthen and support post conflict the members to scrutinise where necessary. environments and international justice. The importance of strategic plans, of good A just society based on the rule of law financial planning and responsibility with requires an independent legal profession annual budgets and members subscriptions, underpinned by an independent bar which all of which are critical to a Bars proper has the ability to self-govern, regulate and functioning and independence are represent free from government influence explained. An explanation is also given to or pressures. The book details various the different types of professional indemnity benchmarks, which any independent and insurance. Membership services, including properly functioning bar must have, to admission and membership requirements achieve this. When bars achieve this, it will and the need for continuous professional ultimately allow them to ‘lead the way in development are explained. The need for bringing about important changes to law, proper regulation, including ethical codes policy and practise within their jurisdictions, and complaints standards and procedures as well as transform societies abroad, and is covered. This new book urges Bars to even have an impact on a global scale’.

The launch of this important book will take place on:

Thursday 22 September 0730–0930 Bar Issues Commission Open Forum at the BIC Open Forum breakfast, during the IBA Annual Conference in Washington, DC.

All are welcome.

ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE EXCHANGE 7 THE AMERICAN BAR ASSOCIATION

The American Bar Association

n 21 August 1878, 75 lawyers from 20 States and the District of Columbia Omet in Saratoga Springs, New York, to establish the American Bar Association (ABA). Since that first meeting, the ABA has played a formative role in the development of the profession of law in the United States. Today, the American Bar Association is one of the world’s largest voluntary professional organisations, with nearly 400,000 members and more than 3,500 entities. It is committed to doing what only a national association of attorneys can do: serve its members, improve the legal profession, eliminate bias and enhance diversity, and advance the rule of law throughout the United States and around the world. Since its founding, the ABA is committed

to supporting the legal profession with ABA Washington Office practical resources for legal professionals while improving the administration of justice, accrediting law schools, establishing model United States, each State licences its own ethical codes, and more. Membership is open lawyers, and the ABA serves as recommenders to lawyers, law students, and others interested for professional conduct, not regulators. in the law and the legal profession. The ABA has offices in Chicago and Washington, DC. The ABA Mission As a voluntary membership group, the To serve equally our members, our ABA has virtually no regulatory powers, other profession and the public by defending than overseeing the accreditation process for liberty and delivering justice as the national US legal education. But as the recognised representative of the legal profession. The national voice of the US legal profession, the ABA achieves its mission through tireless work ABA does have a large and important voice toward four goals. as its mission makes clear: to serve equally • Goal I: Serve our members its members, its profession, and the public – Provide benefits, programmes and by defending liberty and delivering justice services which promote members’ as the national representative of the legal professional growth and quality of life. profession. • Goal II: Improve our profession The ABA looks to advance the – Promote the highest quality legal administration of justice and the uniformity education. of legislation and of judicial decisions. – Promote competence, ethical conduct Upholding the honour of the profession and professionalism. of law is important as well. One of the – Promote pro bono and public service by Association’s prime objectives is to the legal profession. promote competence, ethical conduct, and • Goal III: Eliminate bias and enhance professionalism in the legal profession. To diversity help achieve this, the ABA issues formal – Promote full and equal participation opinions and model rules based on ABA in the association, our profession, and the policy. These are recommendations. justice system by all persons. Implementation is handled by the highest Eliminate bias in the legal profession and court in each of our 50 States or through the justice system. their designated representatives. In the • Goal IV: Advance the rule of law

8 BAR EXECUTIVE EXCHANGE ISSUE 17 SEPTEMBER 2016 THE AMERICAN BAR ASSOCIATION

– Increase public understanding of and consistent with previous action of the respect for the rule of law, the legal House of Delegates, when the House is process, and the role of the legal not in session. The 38-member Board of profession at home and throughout the Governors oversees the general operation world. of the association and develops specific – Hold governments accountable under plans of action. The Board usually meets law. four times a year. – Work for just laws, including human • The ABA also contains thousands of rights, and a fair legal process. specialty groups including sections, – Ensure meaningful access to justice for all divisions, fora, task forces, committees, persons. and more. The leaders for these specialty – Preserve the independence of the legal groups are recorded each year in the profession and the judiciary. American Bar Association Leadership Directory. Governance and policies of the ABA • The Executive Director is the Chief Operating Officer of the association and The ABA adopts policy on legislative has overall management responsibility for and national issues. Representatives staff operations. Jack L Rives is the current and employees are guided by the ABA ABA Executive Director. constitution and bylaws and internal policy A professional staff of approximately 900 and procedures. employees help ABA members carry out their activities and expedite the dissemination Leadership of the ABA of information. Departments include the Office of the President, Division for Bar The ABA elected officers are the President, Services, Fund for Justice and Education, President-Elect, Chair of the House of Governmental Affairs Office, Legal Services Delegates, Secretary and Treasurer. The Division, Meetings and Travel Department, President-Elect is elected by the House of Division for Public Education, Division for Delegates at the annual meeting for a term Public Service, and the Communications & of one year. The President-Elect becomes the Media Relations Division. President on the adjournment of the next annual meeting. The Chair of the House How the ABA works for the profession of Delegates serves a two-year term. The Secretary and Treasurer each serve three- • Advocate for the legal profession: ABA year terms. In the association year prior to lobbyists coordinate with members to fight the commencement of their terms, they shall legislation that could negatively affect the serve as Secretary-Elect and Treasurer-Elect. independence of the judiciary and the legal Each officer must be a member of the ABA. profession. • The ABA House of Delegates, established • Create the future: ABA leaders convene in 1936 and which consists of 589 members, national summits on trending issues in is vested by its constitution and bylaws legal education, legal needs in underserved with the control and administration of populations and legal technology. the ABA. The House of Delegates, which • Uphold our principles: The association is adopts policy on legislative and national a powerful voice on ethics, professional issues, meets twice each year – at ABA responsibility and inclusion. Annual and Mid-Year Meetings. At the Mid-Year Meeting held in February, the How the ABA works for society Nominating Committee nominates officers and members of the Board of Governors. • Impact global issues: The ABA develops During the Annual Meeting held in August, legal and judicial infrastructures in the full house votes on these nominees troubled countries. and on any nominations made by petition. • Defend human rights: The ABA stands Action taken by the House of Delegates on by those who are vulnerable – homeless specific issues becomes official ABA policy. veterans, foster children, victims of • The ABA Board of Governors has the domestic abuse – providing legal expertise authority to act and speak for the ABA, and funding for services.

ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE EXCHANGE 9 THE AMERICAN BAR ASSOCIATION

The American Bar Association’s international work

Scores of efforts across the globe Europe and Eurasia; Latin America and the Caribbean; and the Middle East and North One of the four goals of the American Bar Africa – to build sustainable institutions Association is to ‘advance the rule of law’. and societies that deliver justice, foster Through a portfolio of programmes that economic opportunity and ensure respect encompasses nearly 200 different entities of for human dignity. The programme is various sizes and missions, the ABA engages primarily funded by grants through the US the legal profession, governments and others Department of State and the US Agency on a worldwide and ongoing basis. for International Development, but also The efforts are diverse, from weighing through foreign governments, foundations in on a technical antitrust matter in Brazil, and individual donors. to implementing a four-year programme to • The ABA Center for Human Rights support the modernisation of the judicial addresses critical human rights issues system in Kazakhstan, to filing an amicus through a range of activities, including its or ‘friend of the court’ brief with the Justice Defenders Program, which provides Constitutional Court of Guatemala seeking pro bono assistance to human rights a public trial of former officials on charges around the world, and its Atrocity of genocide committed against the Maya Ixil Prevention and Accountability Project, ethnic group. which supports efforts to hold perpetrators In all of its dealings internationally, ABA accountable for atrocities. These programs programmes emphasise these objectives: have provided legal assistance for human • Increase public understanding of and rights advocates in more than 40 cases in respect for the rule of law, the legal process the past two years and conducted trainings and the role of the legal profession at home for staff at the International Criminal and throughout the world. Court. The Center also helps coordinate • Hold governments accountable under law. the human rights activities of other ABA • Work for just laws, including human rights entities. and a fair legal process. Also, ABA Rule of Law Letters by ABA • Ensure meaningful access to justice for all presidents to governments express the persons. ABA’s concerns about alleged intimidation, • Preserve the independence of the legal harassment or abuse of lawyers, judges and profession and the judiciary. human rights advocates. Each letter reflects While the ABA has scores of entities with the ABA’s independent research and analysis some focus on global affairs, much of its work of the facts and relevant human rights abroad is conducted through a handful of instruments in each case. Copies are sent to large, active groups. These include: the US Secretary of State and other relevant • The Section of International Law is the officials. profession’s leader in the development While its efforts are wide-ranging and of policy in the international arena diverse, the ABA maintains a single global and in the education of international impact web portal (www.americanbar.org/ law practitioners. With more than 60 groups/leadership/office_of_the_president/ committees, SIL is the only ABA entity that global-impact.html) that showcases its focuses on a full range of international nearly 200 international committees and its legal issues and is involved in a variety of numerous global activities and programs that substantive legal activities. support America’s legal profession and the • The ABA Rule of Law Initiative works rule of law throughout the world. with in-country partners in more than 50 countries – in Africa, Asia and the Pacific;

10 BAR EXECUTIVE EXCHANGE ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE OFFICERS

Bar Executive officers coming to Washington DC 2016

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 Whope this will make it easier for Bar Executives to connect during the conference.

Franz Peter Altemeier Stephen Denyer Head of International Department and Director of Strategic Relationships, Human Rights, German Bar Association The Law Society of England & Wales (Deutscher Anwaltverein – DAV) Stephen Denyer is Director of Strategic The DAV Association is the independent Relationships at The Law Society of England representative body of the German legal & Wales. He is responsible for all the profession. Society’s strategic relationships with leading The Association represents the interests stakeholders in private practice, in ‘new of more than 160,000 lawyers. Currently law’ enterprises and working in-house as the DAV has 66,000 individual members, well as with local law societies, governments, organised in 257 local bar associations universities and law schools in the UK and worldwide. internationally; and for promoting London as a global legal hub.

Jonathan Herman Chief Executive Officer, Federation of Law Societies of Canada

ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE EXCHANGE 11 BAR EXECUTIVE OFFICERS

Alan Hunter Younghee Jo Chief Executive, Law Society of Northern Vice-president of the Korean Bar Ireland Association Young-Hee is responsible for the international relations of the Korean Bar Association (KBA). The KBA is the main regulatory body for more than 20,000 registered individual legal professionals in the Republic of Korea and representing 14 local bar associations nationwide.

Torben Jensen Secretary General, the Danish Bar and Law Society The organisation is a regulatory and representative body for all more than 6,000 lawyers in Denmark. It takes care of the supervision of its members and the basic education of associates before they are Changho Kim licensed as lawyers. The organisation also Officer/Attorney, Office of International serves as secretariat for the independent Affairs Disciplinary Board, and, not least, works to uphold the rule of law, ie, giving opinions on Japan Federation of Bar Association draft legislation, initiating important projects The Japan Federation of Bar Associations is and organising conferences. 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.

12 BAR EXECUTIVE EXCHANGE ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE OFFICERS

Ulrikke Krogbeck Ciara Murphy Head of International Association Director, Bar Council of Ireland of Danish Law Firms The Bar of Ireland has a membership of Ulrikke organises member services 2,300 practising . The mission of and representational work relating to the Bar of Ireland is to provide leadership international issues, and she is an officer and representation on behalf of members of of IBA’s Academic and Professional the independent Bar of Ireland, ensure the Development committee with the position of highest standards of ethical and professional liaison officer to the Bar Issues Commission conduct within the profession and to deliver valued and quality services for the benefit of members.

Heike Lorcher (Bar Executive Officer, The German Margery Nicoll Federal Bar) Deputy Secretary-General and Director, International, the Law Council of Australia The Law Council of Australia is the leading representational body for the Australian legal profession. In Margery’s roles she is responsible for contributing to the development of the strategic direction of the Law Council both domestically and internationally; and for developing and maintaining close relationships with legal professional bodies throughout the world. Minna Melender Chief Executive (Secretary General), the Finnish Bar Association

ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE EXCHANGE 13 BAR EXECUTIVE OFFICERS

Jack L Rives Raffi van den Berg Executive Director and Chief Operating Secretary General, Netherlands Bar Officer, American Bar Association The Netherlands Bar has a membership Jack L Rives began his service as the Executive of 17,400 lawyers. It advocates the Director and Chief Operating Officer of the independence of the Bar and its lawyers and American Bar Association on May 1, 2010. He is a critical monitor of developments in the has overall management responsibility for staff rule of law. operations at the Association’s headquarters in Chicago, at its Washington, DC office, and at program sites in more than 60 countries throughout the world.

Christian Wisskirchen Head of International Policy, Bar Council of England and Wales Johan Sangborn Christian is responsible for the international trade, rule of law, liaison and policy work of Act. General Counsel and Head of the Bar Council of England and Wales. International Relations, Swedish Bar Association Johan is responsible for the international work of the Swedish Bar Association.

14 BAR EXECUTIVE EXCHANGE ISSUE 17 SEPTEMBER 2016 IBA ANNUAL CONFERENCE, WASHINGTON,FEATURE ARTICLEDC 2016

Bar Issues Commission Sessions

Sunday 1300 – 1430 and young lawyers. Speakers will be drawn from the leaders of both bar associations and young lawyers’ organisations to discuss this important PPID Open Forum and interesting topic. Speakers Bruno Barata Correa de Mello Tolomei Giglio Damian e Barata Sunday 1700 – 1830 Advogados, Rio de Janeiro, Brazil; Conference Coordinator, Young Lawyers’ Committee Opening Ceremony Robert Bourns TLT, Bristol, England Deborah Enix-Ross Debevoise & Plimpton, New York, USA; Officer, Bar Issues Commission John Guerin Law Society of Northern Ireland, Belfast, Northern Sunday 1900 – 2200 Ireland; President / Chairperson, Law Society of Northern Ireland Anne-Doris Hans-Kaumbi The Law Society of Namibia, Windhoek, Welcome Party – The Smithsonian’s National Air Namibia; IBA Council Member, Law Society of Namibia and Space Museum/The National Museum of the Claire Hogan The Bar of Ireland, Dublin, Ireland American Indian Kimathi Kuenyehia Sr. Kimathi & Partners Corporate Attorneys, Accra, Ghana; Membership Officer, Young Lawyers’ Committee Pranav Srivastava Phoenix Legal, Delhi, India Monday 1430 – 1730

How can bar associations help young lawyers? Tuesday 0800 – 0930 Presented by the Bar Issues Commission and the Young Lawyers’ Committee IBA Bar breakfast hosted by the American Bar Association (ABA) Session Co-Chairs Marie Brasseur Altius, Brussels, Belgium; AIJA Liaison, Young Lawyers’ Committee Norville Connolly Law Society of Northern Ireland, Belfast, Northern Ireland; Officer, Bar Issues Commission

Law practice is becoming increasingly specialised and quite often when young lawyers qualify, they are only beginning their journey towards Session Moderator the practice of a legal speciality. How does a young lawyer know what Steven M Richman Clark Hill, Princeton, New Jersey, USA; Chair, professional direction to pursue, post qualification? How can bar Alternative Business Structures Committee associations help with career guidance, with directing young lawyers towards the type of law practice best suited to the talents of individuals The ABA Futures report and the current legal terrain in the USA. At and towards those aspects of law where there is a shortage of legally its mid-year meeting in February 2016, the ABA House of Delegates qualified lawyers and therefore where there are better opportunities adopted a set of factors that should be considered by courts and for career advancement? To what extent should bar associations help regulatory bodies in addressing the multitude of options for the delivery young lawyers by providing specialist courses, speciality accreditation and of legal services, LegalZoom, Avvo, limited licence legal technicians and continuous professional development courses? Furthermore, to what other non-traditional models, including the delivery of legal services by extent and in what way should bar associations support young lawyers’ non-lawyers, which raise issues of regulation and ethics. The programme organisations and involve them in their structures? In what respects do will explore and compare the recent work of the ABA Futures young lawyers feel their bar associations are deficient and what advice Commission with that of other countries, and focus on the current would they give bar associations as to how they should improve the ABA policy as recently adopted by the House of Delegates, and the services they offer in this regard? This session, which is jointly organised impact on not only state by state regulation, but also the international by the Bar Issues Commission and the Young Lawyers’ Committee, will ramifications. look at these issues from the separate perspectives of bar associations

Continued overleaf  ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE EXCHANGE 15 IBA ANNUAL CONFERENCE, WASHINGTON, DC, 2016

Speakers are the implications for professional standards? In the 21st century, is a William Hubbard Nelson Mullins Riley & Scarborough, Columbia, lawyer’s duty to the administration of justice truly paramount, or has it South Carolina, USA been overtaken by other duties? What does it now mean to be a lawyer? Linda Klein ABA Section of International Law, Washington, DC, USA; Is it any different now to be a member of the independent referral bar? President / Chairperson, American Bar Association Is the ancient model of the independent – a sole practitioner Carolyn Lamm White & Case, Washington, DC, USA; IBA Council who is expected to be honest, honourable and available to be retained Member, American Bar Association by either side to a dispute – bad for business? Or should changes over the past 20 years simply be seen as the inevitable development of a profession that can trace its origins back to a time before Chaucer? Tuesday 1430-1730 And what is the response of judges and the courts – are they attuned to modern professional attitudes, practices and expectations? These Barbarians at the gate: the attack on professionalism questions, and more, will be examined in a highly interactive session featuring international judges and bar leaders. Presented by the Bar Issues Commission, the Forum for Barristers and Advocates, the Judges’ Forum, the Professional Ethics Committee and Panellists the Young Lawyers’ Committee David Barniville SC The Bar Council of Ireland, Dublin, Ireland; Co- Chair, Forum for Barristers and Advocates Barbarians at the gate, part I: ethics versus professionalism Judge Brett Kavanaugh United States Court of Appeals (DC Circuit), Washington, DC, USA Session Co-Chairs Hon Justice Adrian Colton QC Royal Courts of Justice, Belfast, Deborah Enix-Ross Debevoise & Plimpton, New York, USA; Officer, Northern Ireland; IBA Council Member, Bar of Northern Ireland Bar Issues Commission Chantal-Aimee Doerries QC The Bar Council of England & Wales, Steven M Richman Clark Hill, Princeton, New Jersey, USA; Chair, London, England; President / Chairperson, Bar Council of England and Alternative Business Structures Committee Wales As pressure for work for lawyers increases as a result of globalisation and Mark Livesey QC Bar , Adelaide, South Australia, Australia; non-lawyers doing legal work, lawyers are becoming more competitive Co-Chair, Forum for Barristers and Advocates for business than ever before. Adversarial relationships, long marked by Wm. T. (Bill) Robinson, III National Judicial College Board of Trustees, aggressiveness tempered by professional courtesy, are more and more Reno, Nevada, USA marked by hostility instead. This is not limited to the courtroom or in arbitration, but transactional negotiations at all levels. Concern over the ‘new normal’ of behaviour has led some to seek to equate breaches of Wednesday 0800 – 0930 professionalism with breaches of ethical rules of conduct. Particularly in the international context, cultural issues also become important: one IBA Bar breakfast hosted by the French National Bar jurisdiction’s acceptable behaviour is another jurisdiction’s sanctionable Council: business and human rights, the diverse role conduct. Where are the lines? This programme explores these issues of lawyers – human rights defender and business through two role-playing scenarios, both in dispute resolution and the corporate world, with informed discussion and commentary from the adviser panellists, and ample opportunity for active audience participation and Session Chair engagement. Philippe-Henri Dutheil French National Bar Council, Paris, France; IBA Council Member, Conseil National des Barreaux Speakers Geraldine Clarke Gleeson McGrath Baldwin, Dublin, Ireland; SPPI Council Member Leonardo Melos Bergstein Abogados, Montevideo, Uruguay Monty Raphael QC Peters & Peters, London, England; Chair, Cybercrime Subcommittee Lawyers play multiple and diverse roles in the field of Business and Meg Strickler Conaway & Strickler PC, Atlanta, Georgia, USA; IBA Human Rights. Some lawyers act as trusted counsellors to giant Liaison Officer, War Crimes Committee multinational corporations and financial institutions. Others are Claudio Undurraga Prieto y Cia, Santiago, Chile; Latin American dedicated human rights defenders, acting as classic protectors of the Regional Forum Liaison Officer, Professional Ethics Committee poor, the widow and the orphan. Some others play a variety of these Eilidh Wiseman The , Edinburgh, Scotland; roles, acting for a variety of clients. This aim of this session is to find President / Chairperson, The Law Society of Scotland richness and common themes in this diversity.

Barbarians at the gate, part 2: the attack on professionalism Legal profession: The role of the legal profession in every democratic society, governed by the rule of law, is to ensure that every litigant – Session Chair whether an individual, community, civil society organisation or company Hon Justice Martin Daubney Supreme Court of Queensland, Brisbane, – has access to legal advice and representation in court. All lawyers have Queensland, Australia; Chair, Judges’ Forum a professional duty to defend the interests of their clients with diligence and in full respect of the law. When clients arouse controversy, lawyers Are the conventions that have underpinned the practice of law now must never be identified with their clients’ causes. challenged by new paradigms? Or have they been displaced? Do traditional modes of entry into the profession meet contemporary This subtle equilibrium – essential to justice – is often misunderstood. expectations of law graduates? How has the rise of consumerism Officers of justice: lawyers also have the duty to act as ‘officers of justice’ affected the ways in which lawyers act, advise and charge, and what who are empowered with a unique role: promoting the rule of law in

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representing the interests of their clients with independence and passion Wednesday 1430 – 1730 while staying above the fray. This unique and key positioning offers lawyers an opportunity to be leaders and accompany their clients wisely BIC SHOWCASE: independence of the legal on the path of change. profession (launch of Task Force report) The legal profession is engaged in advancing the business and human Presented by the Bar Issues Commission rights movement. It is thus important to define precisely the multiple Session Co-Chairs roles and responsibilities of lawyers, who can promote the rule of law Sylvia Khatcherian Bridgewater Associates, Westport, Connecticut, and protect human rights in a variety of ways. They can assist victims of USA; Co-Chair, IBA Presidential Task Force on, Independence of the Legal human rights violations to gain access to remedy. They can also advise Profession businesses about ways to prevent harm and offer fair remediation when Margery Nicoll Law Council of Australia, Braddon, Australian Capital it occurs. And much more! Territory, Australia; Chair, Bar Issues Commission Keynote Speaker This showcase session will address the nature of challenges faced by the Professor Milton Regan Georgetown Law Center, Washington, DC, legal profession to its independence. It will report on the findings of the USA Presidential Task Force convened to examine this issue and will include Speakers an overview of the situation in various jurisdictions; the common threats, Brittany Benowitz American Bar Association, Washington, DC, USA contributing causes and different challenges confronted. This session will Elise Groulx Diggs Doughty Street Chambers, Washington, DC, USA; also outline the Task Force’s recommendations on what can and should External Communications Officer, Corporate Social Responsibility be done to strengthen the future of the legal profession to ensure it Committee maintains its independence. Robert Heslett The Law Society of England and Wales, London, Speakers England; IBA Council Member, Law Society of England and Wales Paulette Brown American Bar Association, Washington, DC, USA Yasushi Higashizawa Meijigakuin University, Tokyo, Japan; IBAHRI Chantal-Aimée Doerries QC The Bar Council of England & Wales, Council Member London, England; IBA Council Member, Bar Council of England and Anne Vaucher French National Bar Council, Paris, France Wales Chidi Odinkalu Open Society Foundations, Abuja, Nigeria Tomasz Wardynski CBE Wardynski & Partners, Warsaw, Poland; IBA Wednesday 1045 – 1245 Council Member, Polish Bar Council

Creating lawyers who can work across civil and common law jurisdictions Thursday 0730 – 0930 Presented by the Academic and Professional Development Committee, the Bar Issues Commission and the Professional Ethics Committee BIC Open Forum Breakfast Session Co-Chairs Hampton Room, Omni Shoreham Hotel Soledad Atienza Becerril Instituto de Empresa, Segovia, Spain Sarah Hutchinson BARBRI International, London, England; SPPI Council Member Thursday 1045 – 1230 What are the legal, ethical and cultural issues, and how do we address these issues in law schools and in lawyer training? Cross-border trade in legal services – can mutual recognition agreements take the strain? Speakers Presented by the BIC International Trade in Legal Services Subcommittee Hermann Knott Luther, Cologne, Germany Peter Koves Lakatos Köves és Társai Ügyvédi Iroda, Budapest, Hungary; Session Chair Vice Chair, Bar Issues Commission Alison Hook Hook Tangaza, London, England; Vice Chair, BIC Sebastian Ramos Ferrere, Montevideo, Uruguay; Latin American Liaison International Trade in Legal Services Subcommittee Officer, Academic and Professional Development Committee Mutual recognition agreements (MRAs) are increasingly being used in Professor Erika Techera The University of Western Australia, Crawley, the latest generation of trade agreements to give effect to market access Western Australia, Australia; Asia Pacific Region Liaison Officer, commitments on professional services. This pushes the onus back on to Academic and Professional Development Committee competent authorities, such as bars and courts, to negotiate the detailed Carlos Valls Martinez Fornesa Abogados, Barcelona, Spain; Senior Vice arrangements through which foreign lawyers can provide legal services. Chair, International Sales Committee It also raises many questions about what such agreements should contain and what they can reasonably be expected to achieve. This session will look at some recent examples of lawyer MRAs, their pros and cons, and outline the critical questions competent authorities need to ask before they embark on MRA negotiations.

Speakers S Stuart Clark AM Law Council of Australia, Sydney, New South Wales, Australia; President / Chairperson, Law Council of Australia Jonathan Goldsmith Consultant, Brussels, Belgium

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ISSUE 17 SEPTEMBER 2016 BAR EXECUTIVE EXCHANGE 17 IBA ANNUAL CONFERENCE, WASHINGTON, DC, 2016

Jeff Hirsch Federation of Law Societies of Canada, space? A review of international immigration service Ottawa, Ontario, Canada providers and the defined role of lawyers. Legal services Gakuba-Thierry Ngoga Legal Line Partners, Kigali, are crucial for encouraging and supporting transnational Rwanda trade and investment. As economies have become more global, the demand for global cross-border legal services has grown significantly. Increasingly governments are Thursday 1430 – 1730 pursuing trade agendas designed to break down barriers to cross-border trade, including in relation to the legal IBA Council Meeting profession. The provision of legal services does include the relocation of a global workforce within different Appointed Council Representatives only jurisdictions, territories and the relevant domestic migration laws and international trade agreements that apply to these jurisdictions. This session is designed to be Thursday 1800 – 2000 interactive and will compare and contrast the difference between lawyers and other immigration service providers Host Committee Reception – World Bark globally, with the international trade law context. Headquarters Speakers Ted Badoux Everaert Advocaten, Amsterdam, the Netherlands Thursday 2000 – 2230 Jacqueline Bart Bart Law Canadian Immigration, Toronto, Ontario, Canada Bar Issues Commission Dinner Laura Devine Laura Devine Solicitors, London, England 1789 Restaurant Neil Montgomery Montgomery Sociedade de 1226 36th Street NW, Washington, DC, 20007 Advogados, São Paulo, Brazil Ticketed Gregory Siskind Siskind Susser, Memphis, Tennessee, USA; Membership Officer, Immigration and Nationality Law Committee Friday 0930 – 1230

A review of international immigration Friday 1930-2230 service providers: compare and contrast the difference between lawyers and other Closing Reception – National Portrait immigration service providers globally. Gallery Who can provide immigration advice and services? Presented by the Immigration and Nationality Law Committee and the Bar Issues Commission Regulation Subcommittee

Session Co-Chairs Ken Murphy Law Society of Ireland, Dublin, Ireland; Co- Chair, Bar Executives Committee Anne O’Donoghue Immigration Solutions Lawyers, Sydney, New South Wales, Australia; Vice Chair, Immigration and Nationality Law Committee

Why lawyers are a one-stop shop in the global migration

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