INTERNATIONAL LEGAL ETHICS CONFERENCE 8 - IAOLE · INTERNATIONAL LEGAL ETHICS CONFERENCE 8 Legal Ethics in the Asian Century 6th – 8th December 2018 ... ILEC Sponsors and supporters

INTERNATIONAL LEGAL ETHICS CONFERENCE 8Legal Ethics in the Asian Century 6th – 8th December 2018

INTERNATIONAL LEGAL ETHICS CONFERENCE 8 | 1

WELCOME TO ILEC 8!CONTENTS

A warm welcome to the 8th International Legal Ethics Conference, and thank you for joining us!

We have an exciting program of plenary sessions, paper panels, roundtables and workshops, with close to 150 participants from 27 countries. Our theme of the Asian Century is reflected in the continuing and gentle move beyond ILEC’s historic focus on the Anglo-American jurisdictions to encompass scholarship on and from (amongst others) Cambodia, China, Hong Kong, India, Japan, Singapore, Thailand, the Philippines and Vietnam, as well as welcoming perspectives from Latin America and Western and Central Europe. We also welcome a range of indigenous voices into conversations that have often been at best unfamiliar with and at worst deaf to the contribution of these equally profound and yet profoundly different ways of thinking about ‘law’, ‘ethics’, and the role of lawyers in (settler) societies.

We join you in looking forward to making new connections and scanning new, or at least different, horizons over the next three days, both through the conference sessions, and in the plentiful opportunities for less formal interchange of ideas. In coming together at ILEC we reflect a shared commitment to engaging with the question of what it means to be a lawyer, to educating our students to practice ethically, and to reflecting on the work and regulation of lawyers from a variety of perspectives. In a world where attention seems increasingly to focus on what divides us, we welcome conferences such as this as an opportunity to experience the unity that is intrinsic to our basic academic and professional values: a commitment to integrity in our work; a desire to share knowledge and experience, and a willingness to learn from each other, in a spirit of open and rigorous inquiry.

This conference has been nearly two years in the making, and there are many people to acknowledge for their roles in organising it. Our thanks go out to the members of the Executive and Board of the International Association of Legal Ethics (IAOLE), the principal sponsor and supporter of this conference series; Routledge, the publisher of Legal Ethics; the (successive) Deans and management team of Melbourne Law School, for their willingness to host the conference here in Melbourne; the local organising committee, and members of the conference team, without whom this really would not have been possible; our panel chairs, and of course, most especially, all of you who are speaking at and attending ILEC8. It is ultimately your conference, and your work and effort in being here that will make it a success! Thank you.

With warm wishes

Welcome to ILEC 8 1

The ILEC Conference Series and IAOLE 2

History of IAOLE 3

Local Organising Committee 3

ILEC Sponsors and supporters 4

Conference Program 6

Speaker Index 15

Julian Webb Director, Legal Professions Research Network Melbourne Law School

Sarah Biddulph Director, Asian Law Centre Melbourne Law School

2 | INTERNATIONAL LEGAL ETHICS CONFERENCE 8 INTERNATIONAL LEGAL ETHICS CONFERENCE 8 | 3

THE ILEC CONFERENCE SERIES AND IAOLE HISTORY OF IAOLE

ILEC 8 LOCAL ORGANISING COMMITTEE

The First International Legal Ethics Conference (ILEC 1), was held at Exeter University, UK, in July 2004, and took as its theme New Perspectives on Professionalism: Educating and Regulating Lawyers for the 21st Century. The conference was hosted and organised by Kim Economides and Julian Webb, as founding editors of the journal Legal Ethics, who felt that more needed to be done, particularly in Europe, to develop a growing international community of legal ethics. About 40 delegates attended, mostly from the Antipodes, North America, and the UK. Delegates heard a keynote address from Professor Robert Gordon of Yale, and engaged in a range of panel sessions over two days. Although numbers were modest, the interest and quality of discussion was sufficiently high that it was decided to meet biennially and institute the ILEC series.

The next two ILECs moved to the southern hemisphere. ILEC 2, with roughly double the numbers attending ILEC 1, was organised by Professor Tim Dare in Auckland, New Zealand, in June 2006. Taking as its theme Professional Ethics and Personal Integrity, Professor William Simon of Columbia was the keynote speaker. ILEC 3, on the theme of Integrity in Legal Practice, and co-hosted by the law schools at Griffith University and the University of Queensland, met in July 2008 on the Australian Gold Coast. This time numbers more than quadrupled from ILEC 1, with delegates coming from a much wider geographical base, though still underrepresented from Asian, African and Latin American countries. ILEC actively incorporated into the program judges, legal practitioners, regulators and policymakers whilst bringing together eminent US and Australian keynote speakers. ILEC 3 was a significant milestone that gave invaluable momentum and publicity to the ILEC series.

Under the leadership of Professor Deborah Rhode and our Stanford hosts, ILEC made its first visit to North America in July 2010. ILEC 4 gave yet further impetus to this fledgling international movement by hosting the launch of the International Association of Legal Ethics (IAOLE) and bringing together around 170 legal ethicists from around the globe to hear papers presented in over 40 panel sessions.

In July 2012, ILEC 5 met in Canada for the first time, in the mountainous setting of Banff, Alberta, where the conference was co-hosted by the University of Calgary and Dalhousie University. This meeting attracted over 200 participants from around 20 different countries and confirmed the study of legal ethics as a global movement, now regularly bringing together not only legal scholars but also judges, legal regulators and practitioners.

In July 2014, ten years after ILEC 1, ILEC 6 returned to the UK to meet at City University of London. This time there were over 230 participants with 140 presentations covering new themes such as the impact of technology on ethical practice; law and religion and also judicial ethics. Perhaps most noticeable was the breakthrough to jurisdictions beyond the common law world, with delegates coming from over 35 countries with significant representation from eastern Europe (Bosnia-Herzegovina, the Czech Republic, Croatia, Lithuania, Poland, Russia) and the Middle East (Iran, Israel, Kuwait, Oman, Turkey). In a conference first, Professor Deborah Rhode delivered an ethical sermon at the Temple Church on the Sunday morning following ILEC (see D. Rhode, “Watching the Muffins—The Temple Church Sermon” (2014) 17 Legal Ethics 430).

Number seven in the series saw ILEC return to the US, meeting in July 2016 at Fordham Law School in New York, with a conference theme of Ethics & Regulation of Lawyers Worldwide: Comparative and Interdisciplinary Perspectives. Superbly organised by the Stein Center for Law and Ethics, ILEC 7 hosted more than 450 attendees from over 60 countries, making it by far the largest ILEC meeting to date.

At the conclusion of the 2010 ILEC IV conference, attendees gathered to discuss whether they wanted to create a new organisation and network for the subject of Legal Ethics. Those attending overwhelmingly supported the idea. Professor Deborah Rhode, the Conference Coordinator for ILEC IV volunteered to look into the issues further and asked for volunteers for a steering committee that would work with her on planning a new association. After circulating draft documents, the steering committee approved in 2010 the organisation’s mission statement, bylaws, a list of officers and directors, and a draft letter to colleagues inviting them to join the new body, to be called the International Association of Legal Ethics (IAOLE). Professor Deborah Rhode was selected as the inaugural President of IAOLE, serving in that role until 2014, when Professor Kim Economides (Flinders University, Australia) became the Association’s second President. Kim in turn was succeeded in 2016 by Professor Alice Woolley of the University of Calgary in Canada.

This is an edited and revised version of the histories of the ILEC Conference and IAOLE published at www.iaole.org/

Francesca Bartlett, TC Beirne School of Law, University of Queensland,

Kay-Wah Chan, Faculty of Business & Economics, Macquarie University

Adrian Evans, Monash Law School, Monash University

Andrew Godwin, Melbourne Law School, University of Melbourne

Suzanne Le Mire, Adelaide Law School, University of Adelaide

Christine Parker, Melbourne Law School, University of Melbourne

Julian Webb, Melbourne Law School, University of Melbourne

The Organising Committee particularly wishes to thank the following for their invaluable administrative and planning support: Jacob Debets (Conference Administrator, LPRN); Dorothy Ngo and Mairead Murray (MLS Events and Marketing) and Kathryn Taylor (Centre Manager, Asian Law Centre)


ILEC SPONSORS AND SUPPORTERS

THE INTERNATIONAL ASSOCIATION OF LEGAL ETHICSThe IAOLE was established in 2010 with a mission to promote teaching, research, vocational training programs, and policy initiatives concerning legal ethics. It is the primary sponsor and supporter of ILEC, and the conference organisers wish particularly to acknowledge the support of the Association in providing financial assistance to delegates who would not otherwise be able to attend the conference. Membership of the Association is free, and, if you are not already a member, we encourage you to join: www.iaole.org

ROUTLEDGEFounded in the UK in 1836, Routledge is part of the Taylor & Francis Group and a global academic publisher in the Humanities and Social Sciences. Routledge publishes the international journal Legal Ethics and supports the IAOLE Deborah Rhode Prize for Early Career Scholars. We are extremely grateful to Routledge for their continuing support of the field of Legal Ethics, and their sponsorship of ILEC 8 https://www.routledge.com

MELBOURNE LAW SCHOOL[Logo] The Melbourne Law School traces its origins to 1857, when the University of Melbourne’s founding Chancellor, Sir Redmond Barry, established Australia’s first law course. Currently ranked in the world’s top ten law schools by both the QS and Times Higher Education subject rankings, MLS today is distinctive for the breadth and depth of its offerings as Australia’s only wholly graduate law school. ILEC brings together the work of MLS’s longest established research centre – the Asian Law Centre (https://law.unimelb.edu.au/centres/alc) founded in 1985, with one of it most recent research groupings, the Legal Professions Research Network (https://law.unimelb.edu.au/lprn) which was set-up in 2016.

UNITED NATIONS OFFICE FOR DRUGS AND CRIME[Logo] ILEC 8 is delighted to partner with the UNODC to showcase the work of its Education for Justice (E4J) Initiative. E4J is one of the four components of the UN’s Global Programme for the Implementation of the Doha Declaration. It has set out to create tools necessary to teach ethical responsibility, lawfulness and crime prevention at all educational levels, from primary school to university. These tools include multi-disciplinary university modules, developed by E4J in collaboration with over 600 academics from over 400 universities in more than 90 countries, including resources on anti-corruption, crime prevention, organized crime, human trafficking, cybercrime, wildlife, forest and fisheries crime, counter-terrorism, and, last but not least, integrity and ethics. We invite you to visit the E4J ‘booth’ in the Level 1 foyer and to attend their presentations during the conference. http://www.unodc.org/e4j/


CONFERENCE PROGRAM

THURSDAY, DECEMBER 6, 2018

Noon Conference Registration Opens (Level 1 Foyer)

1.00 pm Welcome to Country and Conference Opening Professor Pip Nicholson, Dean of Melbourne Law School; Lunch (Level 1 Foyer)

2.00-3.30 pm Plenary Panels

[1A] – Ethical Challenges for Legal Education and Conduct in Asia – Roundtable – (Room 102)Speakers• Yasutomo Morigiwa (Meiji University, Japan)• Helena Whalen-Bridge (National University of Singapore)• Richard Wu (University of Hong Kong)Chair - Leah Wortham (American Catholic University, USA)

[1B] - The Ethical Challenges of Sexual Assault Trials (G08)Speakers• Representing Rapists: The Cruelty of Cross-Examination and Other Challenges for a Feminist Criminal Defense Lawyer, Abbe Smith

(Georgetown University, USA)• Judicial Ethics and Sexual Assault, Jennifer Koshan (University of Calgary, Canada)• Controlling reliance on rape mythology in closing arguments by reference to ethical constraints: the current judicial role in Aotearoa

New Zealand, Elisabeth McDonald (University of Canterbury, NZ). • Discussants: Brad Wendel (Cornell University, USA) and panellists.

Chair - Jennifer Koshan (University of Calgary, Canada)

3.30-4.00 Break (Level 1 Foyer)

4.00-5:30 pm Session 2 Panels

[2A] Ethics and Legal Education #1 (Room 104) Speakers• Are We Adequately Preparing Our Lawyers for the ‘Real-World’ or Supporting Them When They Get There? Neil Graffin (Open

University, UK)• An Ethical Conceptual Framework for the Promotion of Law Student and Lawyer Well-Being Nigel Duncan (City, University of London,

UK), Rachael Field (Bond University, Aus) & Caroline Strevens (Portsmouth University, UK)

Chair – Anneka Ferguson (Australian National University, Aus)

[2B] Regulation of the Profession(s) #1 (Room 106)Speakers• The Challenges for a Mexican Legal Disciplinary System: An Unregulated Legal Profession Ricardo Garcia de la Rosa (Instituto

Tecnológico Autónomo de México, Mexico) • The Nature of the Disciplinary System Over Myanmar Lawyers: Differences from International Standards and the Implications for

Promoting the Rule of Law Jonathan Liljebald (Swinburne University of Technology, Aus)• Disciplinary Actions Against Advocates in Uzbekistan: Mechanism of the State to Infringe the Advocates’ Independence Nursultan

Umurgazin (Nagoya University, Japan) • A Guided Tour and Complainant Voice: Proposals for Improving Processes Related to Professional Discipline of Attorneys Carol A.

Needham (Saint Louis University, USA)

Chair – Kay-Wah Chan (Macquarie University, Aus)

[2C] Technology, Legal Ethics and Society #1 (Roundtable) (Room 108)• The Implications of Artificial Intelligence for the Delivery of Legal Services – What Does the Future Hold for Lawyers, Law Firms and

Legal Education? Anthony E Davis (Columbia Law School/Hinshaw & Culbertson, USA), Caroline Hart (University of Southern Queensland, Aus) Vivien Holmes (Australian National University)

Chair - Anthony Davis (Hinshaw & Culbertson LLP, USA)

[2D] Key Issues in legal ethics #1 (Room 109)Speakers• Business Transactions and Ethical Conflict at the Edge of the Glass Cliff: The Implications upon Client Counseling of Disparity in Attorney

Discipline Anne Choike (Wayne State University, USA)• Feminization of the Bar in Socially Restrictive Cultures: A Case Study of Gender Diversity in Qatar’s Legal Profession Melissa Deehring

(Qatar University, Qatar).

Chair – Margaret Thornton (Australian National University, Aus)

[2E] Legal Ethics and Access to Justice #1 (Room 223)Speakers• Pro Bono: Challenges in Competently Providing Pro Se Parties with Brief Advice Linda F. Smith (University of Utah, USA) • Exploring the motivations of the UK legal profession to engage in pro bono work Francine Ryan & Hugh McFaul (The Open

University, UK) • Mandatory Pro Bono: Many Manifestations Helena Whalen-Bridge (National University of Singapore)

Chair – Lisa Webley (University of Birmingham, UK)

[2F] Regulation of the Profession(s) #2 (Room 224)Speakers• Money Laundering and Lawyers’ Independence in the Pacific Rim – Roundtable: Adrian Evans (Monash University, Aus); • Tatsu Katayama (Anderson Mōri & Tomotsune, Japan); Peter Joy (Washington University in St Louis, USA); Richard Wu (University

of Hong Kong)

Chair - Adrian Evans (Monash University, Aus) and Peter Joy (Washington University in St Louis, USA)

6.00-7.15 pm Welcome Reception (Level 1 Foyer)

Address: The Hon Justice Christopher Maxwell, President of the Court of Appeal, Supreme Court of Victoria


FRIDAY, DECEMBER 7, 2018

8.15-9.00 am Conference Registration (Level 1 Foyer)

9.00-10.30 am. Session 3 Panels

[3A] Ethics and Legal Education #2 (Room 104)• Well-Being, Law Students and Lawyers – A Comparative Perspective with a Call to Reshape Lawyer Regulation (Roundtable): Anneka

Ferguson (Australian National University) Jerome M. Organ (University of St Thomas, USA); Caroline Strevens (University of Portsmouth, UK)

[3B] Regulation of the Profession(s) #3 (Room 106)Speakers• Characteristics of Lawyers Subject to Complaints and Misconduct Findings Marie Bismark (University of Melbourne, Aus) & Maggie

McNamara (Victorian Legal Services Board and Commissioner, Aus)• Legal Ethics between the Subjects Presented in the Brazilian Bar Examination and the Decisions/Practices of Ethics and Discipline

Tribunal of the Brazilian Bar Association Joaquim Leonel de Rezende Alvim (Universidade Federal Fluminense, Brasil)• Legal Ethics and Neoliberal Mental Health in Conflict: a ‘Law as Engineering’ Response Magdalene D’Silva (University of Tasmania,

Aus)

Chair – Brent Cotter (University of Saskatchewan, Canada)

[3C] Education for Justice: A New Take on Law & Ethics (Room 108)Speakers

• Roundtable on UN Education for Justice Project Helena Whalen-Bridge (National University of Singapore); Sigall Horovitz (United Nations); Catherine Ordway (University of Melbourne, Aus); Thomas H. Speedy Rice (Washington & Lee University, USA)

Chair - Helena Whalen-Bridge (National University of Singapore)

[3D] Theoretical and Interdisciplinary Approaches to Legal Ethics #1 (Room 109)Speakers• The value of the oath Jonathan E. Soeharno (University of Amsterdam, Netherlands); • The Role of the Legal Practitioner in South Africa’s Transformative Constitutional Democracy: Reconceptualising the Contract of

Mandate through Ubuntu Helen Kruuse (Rhodes University, South Africa)• A New Model of Legal Ethics For Corporate Lawyers in the Asian Century Barbara Mescher (University of Sydney, Aus)

Chair - Kim Economides (Flinders University, Aus)

[3E] Regulation of the Profession(s) #4 (Room 223)Speakers• Code of Silence Melissa Mortazavi (University of Oklahoma, USA); • Telling Tales out of Court? Judges and their Obligation to Report Lawyer Misconduct Judy Gutman & Paula Baron (La Trobe

University, Aus) Lillian Corbin (University of New England, Aus); • Where Lawyer Ethics and the Ethics of Mediation Practice Collide Bobette Wolski (Bond University, Aus)

Chair - Selene Mize (University of Otago, NZ)

[3F] Empirical Approaches to Legal Ethics #1 (Room 224)Speakers• Partnerships without Principles or Pragmatics? Institutional Logics, GC Ethics and Cybernetic Professionalism Richard Moorhead,

(University College London, UK)• An Autopsy of Dead Law Firms: An Empirical Examination of Ethical Conduct, Organizational Structure, Systems, and Culture in

Dissolved Law Firms Susan Fortney (Texas A&M University, USA)• The Moral to the Story of the Incorporated Legal Practice Karina Murray (University of Wollongong, Aus)

Chair - John Flood (Griffith University, Aus)

10.30-11.00 am Break (Level 1 Foyer)

11.00 am-12.30 pm Plenary Panels

[4A] Regulating Legal Technology – Roundtable (Room 102)Speakers• Adrian Cartland (Cartland Law, Aus)• Matthias Kilian (University of Cologne, Germany)• Fiona McLeay (Victorian Legal Services Commissioner, Aus)• Tim Miller (University of Melbourne, Aus)• Lisa Webley (University of Birmingham, UK)

Chair – Julian Webb (University of Melbourne, Aus)

[4B] Social Justice and Democracy: The Role of Lawyers (G08)Speakers• Between Social-Justice Lawyering and Arid Positivism Brad Wendel (Cornell University, USA)• Civil rights, racial justice, and democracy in the United States Elise Boddie (Rutgers University, USA)• The rule of law: The role of the legal profession in realising the recommendations from Uluru Statement from the Heart Virginia

Marshall (Australian National University)• Lawyers and the Rule of Law Sung Hui Kim (University of California, Los Angeles, USA)• Right Wing Populism and the Rule of Law: Some Reflections from England and Wales Hilary Sommerlad (Leeds University, UK)

Chair - Christine Parker (University of Melbourne, Aus)

12.30-2.00 pm Lunch and UNODC Ethics for Justice lunchtime session – Room 109

2.00-3.30 pm Session 5 Panels

[5A] Ethics and Legal Education #3 (Room 104)Speakers• Formal and Substantive Conceptions of Justice in Law Students’ Sense-making of Advice Practice in Clinical Legal Education Phil

Drake & Pete Sanderson (University of Huddersfield, UK)• Experiential Learning and Legal Ethics: Simulating Legal Practice to Foster Engagement with Issues of Ethics and Professionalism

Cristina Toteda (McGill University, Canada)Chair - Peggy Maisel (Boston University, USA)

[5B] Regulation of the Profession(s) #5 (Room 106)Speakers• The Discipline Process for Judges with Special Regard to the Right to Defence in Croatian Law and Select EU Jurisdictions Dubravka

Akšamović (University of JJ Strossmayer, Croatia) & Sanja Mišević (Mišević & Jarić, Croatia)• Why is a Judicial Complaints Procedure Still Lacking in Italy Marco Fabri & Daniela Cavallini (University of Bologna, Italy)• Shifting the Balance: Public Perspective in Japanese Judicial Decisionmaking Sarah M.R. Cravens (University of Akron, USA)

Chair - Richard Devlin (Dalhousie University, Canada)

[5C] Technology, Legal Ethics and Society #3 (Room 108)Speakers• Legal Professionalism in a Context of Uberisation Margaret Thornton (Australian National University)• Ethical Issues in international Legal Outsourcing: Case Study of Indian LPOs Akanksha Jumde (Deakin Law School, Aus) & Nishant

Kumar (Central University of Punjab, India)• Legal Project Management: Is This a New Form of Legal Professionalism? Justine Rogers (UNSW, Aus) & Peter Dombkins (Gilbert

+Tobin, Aus)

Chair - Francesca Bartlett (University of Queensland, Aus)


FRIDAY, DECEMBER 7, 2018

2.00-3.30 pm Session 5 Panels Continued

[5D] Theoretical and Interdisciplinary Approaches to Legal Ethics #2 (Room 109)Speakers• West Meets East: The Role of Cultural Understanding in Effective Lawyering and Legal Education (Roundtable) Jan L. Jacobowitz

(University of Miami, USA); Carol Needham (St Louis University Law, USA); Richard Zitrin (University of California, Hastings, USA) Ray Campbell (Peking University School of Transnational Law, PRC)

Chair - Jan L. Jacobowitz (University of Miami, USA)

[5E] Social Justice and Democracy #1 (Room 223)Speakers• The Fragility of Legal Ethics in a ‘Post-truth’ World: What We Can Learn from Non-foundationalism Iris van Domselaar (University of

Amsterdam, Netherlands)• The Role of Lawyers in Opposing Populist White Nationalism Justin Hansford (Howard University, USA)• A Rule of Law Façade: How Illiberal Governance Capitalizes Legal Professionalism Ching-Fang Hsu (University of Toronto, Canada)


[5F] Legal Ethics in Latin America: Legal Ethics in Latin American: Ethical Regulatory Systems and the Teaching of Legal Ethics in Law Schools (Roundtable) (Room 224)Speakers• Alexandre Alcântara (Fluminense Federal University, Brazil)• Cristiana Vianna Veras (Fluminense Federal University, Brazil)• Fernando del Mastro (Facultad de Derecho PUCP, Peru)• Joaquim Leonel de Rezende Alvim (Fluminense Federal University, Brazil)• Julian Lopez (Uiversidad de Chile)• Maria Flávia Cardoso Máximo (Câmara Law School, Brazil

Chairs - Joaquim Leonel de Rezende Alvim (Fluminense Federal University, Brazil); Julian Lopez (Universidad de Chile)

3.30-4.00 pm Break (Level 1 Foyer)

4.00-5:30 pm Session 6 Panels

[6A] Ethics and Legal Education #4 (Room 104) Speakers• Teaching Legal Ethics Experientially Peggy Maisel (Boston University, USA), Liz Ryan Cole (Vermont Law School, USA) & Sue

Schechter (University of California, Berkeley, USA)• Reflective practice and the development of an ethical radar Jeff Giddings (Monash University, Aus), Rachel Spencer (Monash

University, Aus) & Timothy Casey (California Western School of Law, USA)

Chair - Bobette Wolski (Bond Unversity, Aus)

[6B] Regulation of the Profession(s) #6 (Room 106)Speakers• Regulation of Judicial Misconduct in Australia: The How and the Why Gabrielle Appleby (University of New South Wales, Aus) &

Suzanne Le Mire (University of Adelaide, Aus)• Le Loi, C’est Moi?: A Critique of the Canadian Judicial Council’s Complaint and Discipline Process Richard Devlin & Sheila Wildeman

(Dalhousie University, Canada)• Disciplining the Discipline Processes for Judges in China Yulin Fu (Peking University, China)• Assessing the New Approach to Judicial Conduct and Discipline in England and Wales Graham Gee (University of Sheffield, UK)

Chair - Sarah Cravens (The University of Akron, USA)

[6C] Technology, Legal Ethics and Society #2 (Room 108)Speakers• An uncomfortable place for technology in the Australian community legal sector Francesca Bartlett (University of Queensland, Aus)• Law Democratized: A Blueprint for Access to Justice Renee Knake (University of Houston, USA)• Desupervision of Legal Services Providers Milan Markovic (Texas A&M University, USA)• Regulatory dimensions to the increased use of machine learning technology in legal service delivery: a view from the UK Lisa Webley

(University of Birmingham, UK)


[6D] Theoretical and Interdisciplinary Approaches to Legal Ethics #3 (Room 109)Speakers• The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison with American Civil Rights Cause Lawyers Jim Moliterno (Washington and

Lee University, USA); Regulation of the Legal Profession in the Australian Settler-colonial State Linda Ryle, (Cultural Advocacy & Legal Mediation, Aus) & Judy Harrison (Australian National University)

• Understanding the Import/Export Marketplace of Ideas in Legal Ethics Kim Economides (Flinders University, Aus)

Chair - Helen Kruuse (Rhodes University, South Africa)

[6E] Social Justice and Democracy #2 (Room 223)Speakers• From the Corner Office to the Street Corner: Venezuelan Lawyers and their Struggle for Social Justice and Democracy Manuel Gomez

(Florida International University, USA)• The 2016 Lawyers Code of Ethics: A Breakthrough in the Palestinian Legal Profession Mutaz M. Qafisheh (Hebron University, Palestine) • Israeli Law Firms and Pro Bono Representation of Asylum Seekers: When a Political Controversy becomes a Humanitarian Cause

Neta Ziv (Tel Aviv University, Israel)

Chair - Sung Hui Kim (University of California, Los Angeles, US)

[6F] Empirical Approaches to Legal Ethics #2: Comparative and Empirical Study of Ethical Values of Law Students in Asian Civil Law Countries (Room 224)Speakers• Richard Wu (University of Hong Kong)• Adrian Evans (Monash University, Aus) • JaeWon Kim (Sungkyunkwan University, South Korea)• Monako Kinoshita (Doshisha University, Japan)• Van Quang Nguyen (Hanoi Law University, Vietnam)• Natalie Lai & Michelle Ng (University of Hong Kong)

Chair - Pip Nicholson (University of Melbourne, Aus)

6.00-7.15 pm Evening Reception (South Room, Woodward Conference Centre, Level 10)


SATURDAY, DECEMBER 8, 2018

8.15-9.00 am Conference Registration (Level 1 Foyer)

9.00-10.30 am. Session 7 Panels

[7A] Key Issues in Legal Ethics #2 (Room 104)Speakers• The Professional Identity Formation Movement within American Law Schools Jerome M Organ (University of St Thomas, USA)• Weather Ahead: The Influence of Ethical Climate on Newly-Admitted Lawyers Tony Foley, Vivien Holmes & Stephen Tang (Australian

National University)• The Good Law Student: Learning Legal Ethics Amidst the Challenges of Poverty Law Michelle Christopher (University of Calgary,

Canada)Chair - Vivien Holmes (Australian National University, Aus)

[7B] Regulation of the Profession(s) #6 (Room 106)Speakers• Fit and Proper Coders: Should Legal Service Delivery by Non-lawyers be Regulated? (And if so, by whom?) Felicity Bell & Justine

Rogers (University of New South Wales, Aus)• The Adverse Impact of the Protectionist Policy of ‘Practice of Law’ on Innovation and Technology Law in the Philippines Arvin

Kristopher A. Razon (University of Melbourne, Aus)• Professions and Expertise: How Machine Learning and Blockchain are Redesigning the Landscape of Professional Knowledge and

Organisation John Flood (Griffith University, Aus).Chair - Ray Campbell, (Peking University School of Transnational Law, PRC)

[7C] Key Issues in Legal Ethics #3: The Duty of Confidentiality—A Comparative and Theoretical Investigation (Roundtable) (Room 108)Speakers• Yoko Tamura (Tsukuba University, Japan)• Brad Wendel (Cornell University, USA)• Matthias Kilian (University of Cologne, Germany)• Michele Lupoi (University of Bologna, Italy)

Chair - Yasutomo Morigiwa (Meiji University, Japan)

[7D] Theoretical and Interdisciplinary Approaches to Legal Ethics #4 (Room 109)Speakers• Lawyers as Intermediaries Melissa Mortazavi (University of Oklahoma, USA)• “Counsel to the Situation;” Casts of Mind and Plaster Casts Robert Rosen (University of Miami, USA)• A Need for More Centrality of Client Care as a Critical Underpinning in Ethical Legal Practice Liz Curran (Australian National University)• A Role for Lawyers? Ethics and Values in Regulating a City Pamela Taylor-Barnett (Australian National University)

Chair - Kate Seear (Monash University, Aus)

[7E] Social Justice and Democracy #3 (Room 223)Speakers• A Judge’s View of the Rule of Law, Illustrated by Immigration and Asylum Cases Angus Glennie (High Court, Scotland)• Ethical Irresponsibility: How Ethics, Criminal Law and System Design can Facilitate Overcriminalisation Mary Spiers Williams

(Australian National University)• Lawyers and the Campaign to Deregulate Campaign Finance in the U.S Ann Southworth (University of California, Irvine, USA)Chair - Hilary Sommerlad (University of Leeds, UK)

[7F] Ethics and Legal Education #5 (Room 224)Speakers• Legal Ethics Education in Slovakia Peter Curos (Šafárik University, Slovakia) • The Effectiveness of Legal Education in Teaching Legal Professional Ethics in India: Evidence from National Law Schools (NLUs) and All-

India Bar Exam (AIBE) Nishant Kumar (Central University of Punjab, India) & Akanksha Jumde (Deakin Law School, Aus)• The Trailblazer Solicitor Apprenticeship and the Development of a Work-based Learning Curriculum Roland Fletcher (The Open

University, UK)Chair - Nigel Duncan (City, University of London, UK)

10.30-11.00 am Break (Level 1 Foyer)

11.00 am-12.30 pm Session 8 Panels

[8A] Ethics and Legal Education #6 (Room 104)• Web-based Resources for Teaching Legal Ethics (Workshop): Nigel Duncan (City, University of London, UK); Tiffany Roberts (NIFTEP,

Georgia State University, USA)

[8B] Regulation of the Profession(s) #7 (Room 106)Speakers• How Should Non-Lawyer Advocates Be Regulated? Selene Mize (University of Otago, New Zealand)• Discovery of Lawyer Needs in Japanese Companies and Government Offices Takayuki Ii (Senshu University, Japan)• Empowering Judicial Scriveners as Litigators in Japan: Is It Justifiable and of Value? Kay-Wah Chan (Macquarie University, Aus) &

Takayuki Ii (Senshu University, Japan)

Chair - Takayuki Ii (Senshu University, Japan)

[8C] Key Issues in Legal Ethics #3 (Room 108)Speakers• Breaking Silence and the Fight Against Domestic Violence: an Analysis of Brazilian Legislation on the Duty of the Professional

Confidentiality of the Lawyer in Cases of Domestic Violence Maria Flávia Cardoso Máximo (Câmara Law School, Brazil)• Confidentiality and the ‘Duty To Warn/Protect’ in the Context of the Legal and Health Professions Brent Cotter (University of

Saskatchewan, Canada) & Elaine Gibson (Dalhousie University, Canada)• Legal Ethics in Assisted Reproductive Technology Panupong Chalermsin & Nutcha Sukhawattanakun (Prince of Songkla

University, Thailand)

Chair - Lisa Webley (University of Birmingham, UK)

[8D] Theoretical and Interdisciplinary Approaches to Legal Ethics #5 (Room 109) Speakers• The Western Clergy as the Prototypical Profession: From First to Last – And Back? Rob Atkinson (Florida State University, USA)• Did Atticus have an Evil Twin? Reconciling Harper Lee’s Go Set a Watchman and To Kill a Mockingbird Tim Dare (The University of

Auckland, NZ)• In Honour of Professor Lynn Stout: Cultivating Conscience - How Good Laws Make Good Lawyers Magdalene D’Silva (University of

Tasmania, Aus)

Chair - Brad Wendel (Cornell University, USA)

[8E] Legal Ethics and Access to Justice #2 (Room 223) Speakers• The Ethics of Mass Prosecution Irene Oritseweyinmi Joe (UC Davis, USA)• Access to Justice for the indigent Cambodians in the Criminal Justice System Saray Run (Legal Aid of Cambodia, Cambodia)• Undocumented Immigrants and Access to Justice in Thailand Sanpetchuda Krutkrua (Prince of Songkla University, Thailand)

Chair - Trish Mundy (University of Wollongong, Aus)

[8F] Key Issues in Legal Ethics #5 (Room 224)Speakers• Shortlisted: Women, Diversity and the United States Supreme Court Renee Knake (University of Houston, USA)• No Longer ‘Fringe Dwellers in the Jurisprudential Community’? Women Chief Justices in Australia, Canada and the United Kingdom

Kcasey McLoughlin (Newcastle University, Aus)• Challenging Double Binds and Unifying Double Lives: Selected Stories of Women Shortlisted to the United States Supreme Court

Hannah Brenner (California Western Law School, USA)

Chair - Margaret Thornton (Australian National University, Aus)


SATURDAY, DECEMBER 8, 2018

12.30-2.00 pm Lunch (Level 1 Foyer)

2.00 pm-3.30 pm Session 9 Panels

[9A] Ethics and Legal Education #7 (Room 104) Speakers• Legal Ethics and the Undergraduate Law Student in the UK Lughaidh Kerin (Middlesex University, UK)• Teaching legal ethics in times of #MeToo: A New Zealand perspective Mike French (Auckland University of Technology, NZ)

• ‘Disputes and Ethics’: Teaching Legal Ethics Transactionally as a Compulsory Subject at Melbourne Law School, Julian Webb (University of Melbourne, Aus)

Chair - Julian Webb (University of Melbourne, Aus)

[9B] Regulation of the Profession(s) #8 (Room 106)Speakers• Lawyer’s Ethics and Collaborative Practices in Japan: A Disciplinary Case of Attorney Collaborating with Judicial Scrivener Atsushi

Bushimata (Fukuoka University, Japan)• Ethical Misconduct of Veteran Lawyers in Japan Kay-Wah Chan (Macquarie University, Aus)

Chair - Kay-Wah Chan (Macquarie University, Aus)

[9C] Key Issues in Legal Ethics #6 (Room 108)Speakers• The Need for a New Ethical Rule in Family Violence Intervention Order Matters Kate Seear & Becky Batagol (Monash University, Aus)• Legal Ethics and the National Association of Public Prosecutors for the Defense of the Rights of the Elderly and People with Disabilities

– AMPID/Brazil: The Representations and Meanings of Associative Actions and Their Public Policy Developments Alexandre Alcântara (Fluminense Federal University, Brazil)

• Elder Abuse and Lawyers’ Ethical Responsibilities: Incorporating Screening into Practice Nola Ries (University of Technology Sydney, Aus)

Chair - Abbe Smith (Georgetown University, USA)

[9D] Theoretical and Interdisciplinary Approaches to Legal Ethics #6 (Room 109)Speakers• Moral Dilemmas of Judges in the Time of Crises Pawel Skuczynski (University of Warsaw, Poland)• Judicial Independence and Accountability: Withstanding Political Stress Fryderyk Zoll (Jagiellonian University, Poland & University of

Osnabrück, Germany) & Leah Wortham (The Catholic University of America, USA)• Right to Access to Justice for Lèse Majesté in Thailand Pajon Kongmuang & Teerawat Kwanjai (Prince of Songkla University, Thailand)• The Theory and Standards of Judicial Impartiality and the Case of Republic v Chief Justice Sereno Gemmo Bautista Fernandez

(University of Sydney, Aus)


[9E] Empirical Approaches to Legal Ethics #3 (Room 223)Speakers• The Anatomy of Mass Tort Litigant Finance in the US Ronen Avraham (Tel Aviv University, Israel) & Lynn A. Baker (University of Texas, USA)• Driving Change: Driver Retirement and Ethical Opportunities in the Lawyer- Client Relationship Trish Mundy & Karina Murray

(University of Wollongong, Aus)

Chair - Richard Moorhead (University College London, UK)

3.30-4.00 pm Tea and Conference Close (Level 1 Foyer)

SPEAKER INDEX

A SET OF ABSTRACTS FOR PAPERS PRESENTED AT ILEC 8 MAY BE DOWNLOADED FROM: https://law.unimelb.edu.au/ilec2018#program

Dubravka Akšamović 5B

Alexandre Alcântara 5F, 9C

Joaquim Leonel de Rezende Alvim 3B, 5F

Gabrielle Appleby 6B

Rob Atkinson 8D

Ronen Avraham 9E

Lynn A Baker 9E

Paula Baron 3E

Francesca Bartlett 6C

Felicity Bell 7B

Marie Bismark 3B

Elise Boddie 4B

Hannah Brenner 8F

Atsushi Bushimata 9B

Becky Batagol 9C

Ray Campbell 5D

Adrian Cartland 4A

Timothy Casey 6A

Daniela Cavallini 5B

Panupong Chalermsin 8C

Kay-Wah Chan 8B, 9B

Anne Choike 2D

Michelle Christopher 7A

Liz Ryan Cole 6A

Brent Cotter 8C

Lillian Corbin 3E

Sarah MR Cravens 5B

Peter Curos 7F

Liz Curran 7D

Tim Dare 8D

Anthony E Davis 2C

Melissa Deehring 2D

Ricardo Garcia de la Rosa 2B

Richard Devlin 6B

Peter Dombkins 5C

Magdalene D’Silva 3B, 8D

Phil Drake 5A

Nigel Duncan 2A, 8A

Kim Economides 6D

Adrian Evans 2F, 6F

Marco Fabri 5B

Anneka Ferguson 3A

Gemmo Bautista Fernandez 9D

Rachael Field 2A

Roland Fletcher 7F

John Flood 7B

Tony Foley 7A

Susan Fortney 3F

Mike French 9A

Yulin Fu 6B

Graham Gee 6B

Elanie Gibson 8C

Jeff Giddings 6A

Angus Glennie 7E

Manuel Gomez 6E

Neil Graffin 2A

Judy Gutman 3E

Justin Hansford 5E

Judy Harrison 6D

Caroline Hart 2C

Vivien Holmes 2C, 7A

Sigall Horovitz 3C

Ching-Fang Hsu 5E

Sung Hui Kim 4B

Jan L. Jacobowitz 5D

Irene Oritseweyinmi Joe 8E

Peter Joy 2F

Akanksha Jumde 5C, 7F

Tatsu Katayama 2F

Lughaidh Kerin 9A

Matthias Kilian 4A, 7C

JaeWon Kim 6F

Monako Kinoshita 6F

Renee Knake 6C, 8F

Pajon Kongmuang 9D

Jennifer Koshan 1B

Sanpetchuda Krutkrua 8E

Helen Kruuse 3D

Nishant Kumar 5C, 7F

Teerawat Kwanjai 9D

Wongwit Kwanpattalung 5A

Suzanne Le Mire 6B

Natalie Lai 6F

Takayuki Ii 8B


Jonathan Liljebald 2B

Julian Lopez 5F

Michele Lupoi 7C

Peggy Maisel 6A

Milan Markovic 6C

Virginia Marshall 4B

Fernando del Mastro 5F

Maria Flávia Cardoso Máximo 5F, 8C

Elisabeth McDonald 1B

Hugh McFaul 2E

Fiona McLeay 4A

Kcasey McLoughlin 8F

Barbara Mescher 3D

Tim Miller 4A

Sanja Mišević 5B

Selene Mize 8B

Jim Moliterno 6D

Richard Moorhead 3F

Yasutomo Morigiwa 1A

Melissa Mortazavi 3E, 7D

Trish Mundy 9E

Karina Murray 3F, 9E

Carol Needham 2B, 5D

Michelle Ng 6F

Van Quang Nguyen 6F

Pip Nicholson 6F

Catherine Ordway 3C

Jerome M. Organ 3A, 7A

Mutaz M. Qafisheh 6E

Arvin Kristopher A. Razon 7B

Nola Ries 9C

Tiffany Roberts 8A

Robert Rosen 7D

Justine Rogers 5C, 7B

Francine Ryan 2E

Linda Ryle 6D

Saray Run 8E

Pete Sanderson 5A

Sue Schechter 6A

Kate Seear 9C

Pawel Skuczynski 9D

Abbe Smith 1B

Linda F. Smith 2E

Jonathan E. Soeharno 3D

Hilary Sommerlad 4B

Ann Southworth 7E

Thomas H. Speedy Rice 3C

Rachel Spencer 6A

Caroline Strevens 2A, 3A

Nutcha Sukhawattanakun 8C

Yoko Tamura 7C

Stephen Tang 7A

Pamela Taylor-Barnett 7D

Margaret Thornton 5C

Cristina Toteda 5A

Nursultan Umurgazin 2B

Iris van Domselaar 5E

Cristiana Vianna Veras 5F

Lisa Webley 4A, 6C

Helena Whalen-Bridge 1A, 2E, 3C

Brad Wendel 1B, 4B, 7C

Julian Webb 9A

Sheila Wildeman 6B

Mary Spiers Williams 7E

Bobette Wolski 3E

Leah Wortham 9D

Richard Wu 1A, 2F, 6F

Richard Zitrin 5D

Neta Ziv 6E

Fryderyk Zoll 9D

18 | INTERNATIONAL LEGAL ETHICS CONFERENCE 8

Parkville Campus Kenneth Myer Building 30 Royal Parade The University Of Melbourne Parkville Victoria 3010

Austin Campus Melbourne Brain Centre 245 Burgundy Street Heidelberg, Victoria 3084

Royal Melbourne Hospital Level 4 - Royal Melbourne Hospital Grattan Street Parkville Victoria 3052

Documents

INTERNATIONAL LEGAL ETHICS CONFERENCE 8 - IAOLE · INTERNATIONAL LEGAL ETHICS CONFERENCE 8 Legal Ethics in the Asian Century 6th – 8th December 2018 ... ILEC Sponsors and supporters