Competency of Professional Lawyers: an Innovative Model of National Professional Development for Free Movement in the Asean Economic Community
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International Journal of Management (IJM) Volume 11, Issue 7, July 2020, pp. 544-555, Article ID: IJM_11_07_050 Available online at http://iaeme.com/Home/issue/IJM?Volume=11&Issue=7 ISSN Print: 0976-6502 and ISSN Online: 0976-6510 DOI: 10.34218/IJM.11.7.2020.050 © IAEME Publication Scopus Indexed COMPETENCY OF PROFESSIONAL LAWYERS: AN INNOVATIVE MODEL OF NATIONAL PROFESSIONAL DEVELOPMENT FOR FREE MOVEMENT IN THE ASEAN ECONOMIC COMMUNITY Paseuth Savangdy Faculty of Business Administration, North – Chiang Mai University, Thailand Phithagorn Thanitbenjasith Faculty of Business Administration, North – Chiang Mai University, Thailand ABSTRACT The objective of this study is to examine the competency of professional lawyers in Lao People's Democratic Republic (Lao PDR) nowadays and present the competency model of professional lawyers in the Lao People's Democratic Republic (Laos PDR) in order to support the ASEAN Economic Community. The population who are informants consists of 2 groups which are the group of people giving information about the competency of professional lawyers in Lao PDR and the group of people giving examination and certification of competency model of professional lawyers in order to support the ASEAN Economic Community. Data were collected by using questionnaires as an in-depth interview tool. The results show that the competency model of professional lawyers in order to support the AEC consists of the core competency, professional competency and AEC perspective competency of professional lawyers. All 3 types of competencies will be an important pattern for the development of professional lawyers in Lao People's Democratic Republic (Lao PDR) to be ready and able to develop themselves appropriately, being in accordance with the needs and necessities as well as being able to professionally work as a lawyer both in the country and in the ASEAN region. Key words: ASEAN Economic Community, Competency Development, Professional Lawyers, Lao PDR Cite this Article: Paseuth Savangdy and Phithagorn Thanitbenjasith, Competency of Professional Lawyers: An Innovative Model of National Professional Development for Free Movement in the Asean Economic Community, International Journal of Management, 11(7), 2020, pp. 544-555. http://iaeme.com/Home/issue/IJM?Volume=11&Issue=7 http://iaeme.com/Home/journal/IJM 544 [email protected] Competency of Professional Lawyers: An Innovative Model of National Professional Development for Free Movement in the Asean Economic Community 1. INTRODUCTION 1.1. Background Background and significance of the modern economic development trend that uses technology and knowledge as the basis for development, causing each country to hurry to prepare and create the mechanism for human resource development in order to be able to adjust and step forward to the new economy system quickly. It is to be a strong foundation for strengthening the competency and competitiveness of the country (Edvinsson & Malone, 1997; O'Sullivan, 2000), not even the 10 ASEAN countries, including Thailand, Singapore, Indonesia, Malaysia, Philippines, Brunei, Vietnam, Laos, Myanmar and Cambodia who have established an economic cooperation organization in ASEAN which leads to grouping of members called "ASEAN Community" under the cooperation framework of 3 pillars, namely ASEAN Political-Security Community, ASEAN Economic Community and ASEAN Socio-Cultural Community. By integrating these groups, Asia has become one of the 3 important economic regions in the world which has a total population of over 580 million people and gross domestic product (GDP) is more than 1.7 trillion US dollars. At the same time, every member country is alert and develop personnel in every sector to be more prepared because human resources can be considered as an important basic factor and a factor that creates the country's competitive advantage (Roos, Pike & Fernstrom, 2005; Ulrich & Dulebohn, 2015). Lao People's Democratic Republic (Lao PDR) is a member of the ASEAN Community with the economic growth rate of the country that is continuously growing, as the value of the Gross Domestic Product (GDP) of the country between 2015-2017 was at 7.0 percent while the average inflation rate was at 3.2 percent. It is expected to continue growing in accordance with the country's economic structure (IMF, 2018), which is based on the mining industry, electricity and water power. In addition, the government party of the country has supported foreign investment with a special economic zone, which is an opportunity to expand investment into a wider market for foreign investors. It is to stimulate the country's economy and change it from a resource base to the diversity management for becoming a modern industrial country according to national development strategies in order to liberate the country from being the least developed country by 2020 (IPD, 2018). However, the integration of the cooperation framework within the ASEAN Community results in a region to have high competitiveness as well as the member countries to have the economic, society and culture progress which is created by greater cooperation and trade between them. One of the pillars of cooperation that is important and affecting the economy of Laos now is the ASEAN Economic Community (AEC) (ASEAN, 2012). Although economic integration is based on coordination of member countries for benefits as having the same markets and production bases and there is free movement of goods, services, investments, skilled labor and free capital movements, but the operation is still under the legal process of the country and between countries. It is adopted as a framework for solving business conflicts that may occur (DFDL, 2015). In addition, Lao PDR does not allow foreigners to practice lawyers and with the Law NO.10 / NA Law on Lawyers, which states that foreign lawyers do not have legal rights to consult the law of Laos and prosecute in the court of Lao (Nichibenren, 2016). However, the foreign law firm that employs Lao lawyers can provide legal advice to Laos and prosecute in Lao courts through Lao lawyers. Therefore, if Lao PDR does not prepare personnel to support economic liberalization, it may affect the credibility of investors who see opportunities from the potential of Lao PDR on the business in many areas. Especially human resources that provide professional services such as a professional lawyer who is involved in carrying out legal activities on the basis of economic integration and free movement in member countries. As a result, those who practice such http://iaeme.com/Home/journal/IJM 545 [email protected] Paseuth Savangdy and Phithagorn Thanitbenjasith professions have to be especially skilled in order to enter the fiercer competition in ASEAN (Torraco & Swanson1995; Hassan, 2007). However, from a preliminary study by the Lawyer Council of Lao PDR which considers the fundamental of the operation of lawyers in Lao PDR, was found that lawyers in Lao PDR still have issues that need to be considered urgently which are researching, creating and developing training courses for lawyers that are not yet a true course. Some lawyers lack the knowledge, ability and experience to be a lawyer or lack of professionalism because some of them are not just lawyers, they have only had the justice works (Lawyers Council of Laos, 2017). In addition, professional lawyers lack the development of professional standards comparable to other countries including special characteristics of professions that require language to communicate in order to understand the content and interpretation of the law, domestic legal consultations, international legal consultations and court litigation (Nichibenren, 2016) which must be developed to be equipped with the knowledge, ability and qualification to be professional. Therefore, it is an interesting issue in the study of guidelines to develop competency for professional lawyers in Lao PDR according to the integration of the ASEAN Economic Community. However, the results from the study will enable organizations of lawyers, the institute where is responsible for practicing lawyers as known as the lawyers council, educational institution and relevant agencies in the development of personnel competency of the country to be able to develop competency of professional lawyers in accordance with the needs and necessities which are to increase the potential and upgrade human resources to have higher professional capability and be ready to meet the changing situation. Therefore, it will be able to compete in the ASEAN Economic Community continuously and sustainably. 2. RESEARCH OBJECTIVES The objective of this research is to study the competency of professional lawyers in the Lao People's Democratic Republic (Lao PDR) nowadays and present the competency model of professional lawyers in the Lao People's Democratic Republic (Laos PDR) in order to support the ASEAN Economic Community. 3. LITERATURE REVIEW 3.1. Professional Lawyer Concepts in Lao PDR Professional lawyer concepts in Lao PDR, "Lawyer" is one profession that has a legal role to act as a facilitator for justice, creates fairness and provide service in the matter of conduct a case or defense in a lawsuit that may arise from the operation as well as having the duty to provide justice to the society. The person who has the right to use the term "lawyer" and has the right to conduct a case must be a member of the Lawyers Council and must be licensed by the Lawyers Council to be a lawyer only (Lawyers Council of Laos, 2017a). In the practice, the lawyer must provide legal assistance to the client which is the duty of the professional lawyer to do correctly and straightforwardly according to the law provided. But for the straightforward practice, sometimes it will not benefit the client so the lawyers must maintain justice for society, perform duty with integrity to the law, do not prioritize personal benefits before common benefits including fair use of the law, be knowledgeable in academics, have freedom to operate and also have the courage to express opinions, not under the influence. Therefore, lawyers are people who play an important role in creating justice for those who have to get involved in a lawsuit.