International Legal Ethics

International Legal Ethics

© 2011 Madeleine Çağ

What do we mean, International Legal Ethics?A) Character and Fitness

B) Model Rules affecting International Professional Conduct

C) Regulations Promoting Ethical International Business Practices

D) All of the above

What do we mean, International Legal Ethics?A) Character and Fitness

B) Model Rules affecting International Professional Conduct

C) Regulations Promoting Ethical International Business Practices

D) All of the above (and more ...)

International Legal EthicsCharacter and Fitness Highest standards of

Integrity The Globalization of the Profession

Objective Advice Improving the

Profession Access to Justice Promulgation of Global Rules Diversity Outsourcing Business vs. Profession Public Service Model Rules on

Professional Conduct Zealous Advocacy Global Regulations Promoting Ethical Business Practices Develop One's Skills Increase Availability of Services

International Legal Ethics• Character and Fitness • Model Rules affecting International

Professional Conduct

• Regulations Promoting Ethical International Business Practices

Character and FitnessC

• What does it mean?



• Your state's Character and Fitness Panel




• Professionalism, this is not just a job, this is a PROFESSION

Character and Fitness

•• What does it mean?


• Professionalism, this is not just a job, this is a PROFESSION

• How do you define professionalism?

Character and FitnessProfessionalism

By professionalism we mean a group pursuing a learned art as a higher calling in a spirit that it is performing a public service, a service that is indispensible in a democratic nation founded on the rule of law. This calling is no less a public service because it may also be a means of livelihood. Pursuit of a learned art in the spirit of a public service is the essence of being a lawyer. It implies obligations of dignity, integrity, self-respect and respect for others.

The essence of professionalism is a commitment to develop one's skills to the fullest and to apply them responsibly and with the utmost diligence to the problem at hand. Professionalism requires adherence to the highest standards of integrity and a willingness to subordinate narrow self-interest in pursuit of the more fundamental goal of client service. Because of the tremendous power they wield in our system, lawyers must never forget that their duty to serve their clients fairly and skillfully takes priority over the personal accumulation of wealth. Lawyers must be willing and prepared to undertake zealous advocacy on behalf of their clients while retaining enough perspective to provide those clients with considered, well-informed and objective advice.

Although duties to their clients in particular matters are paramount, lawyers must throughout their careers remain conscious of and committed to the goal of improving the profession and the system of justice. This commitment includes taking personal and professional measures to increase the availability of legal services and abet even-handed and efficient application and administration of the legal system for all segments of society.

Character and FitnessDefining Professionalism









By professionalism we mean a group pursuing a learned art as a higher calling in a spirit that it is performing a public service, a service that is indispensible in a democratic nation founded on the rule of law. This calling is no less a public service because it may also be a means of livelihood. Pursuit of a learned art in the spirit of a public service is the essence of being a lawyer. It implies obligations of dignity, integrity, self-respect and respect for others. The essence of professionalism is a commitment to develop one's skills to the fullest and to apply them responsibly and with the utmost diligence to the problem at hand. Profession the highest standards of integrity and a willingness to subordinate narrow self-interest in pursuit of the more fundamental goal of client service. Because of the tremendous power they wield in our system, lawyers must never forget that their duty to serve their clients fairly and skillfully takes priority over the personal accumulation of wealth. Lawyers must be willing and prepared to undertake zealous advocacy on behalf of their clients while retaining enough perspective to provide those clients with considered, well-infor objective advice.



• 266 WORDS • +5 YEARS OF ANALYSIS AND DISCUSSION • ONLY ONE CITY HOW CAN YOU DEFINE PROFESSIONALISM FOR ALL OF THE WORLD'S LAWYERS?

DO WE NEED TO?

SO DIFFERENT!sport rules

Cricket Baseball

NOT SO DIFFERENT?confidentiality rules

U.S. MODEL RULE 1.6

a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent …

BAR COUNCIL OF INDIA RULES § IV, sub. 24

an advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client ...

Model Rules affecting International Professional Conduct

Do We Need International Rules?

• A lawyer who practices in an international tribunal




• That tribunal does not adopt its own individual rules of professional conduct, which rules does the lawyer follow?





A) Prosecution





A) Prosecution B) Defense





A) Prosecution B) Defense C) Tribunal





A) Prosecution B) Defense C) Tribunal D) All of the above





A) Prosecution B) Defense C) WHERE THE TRIBUNAL SITS D) All of the above





A) Prosecution B) Defense C) WHERE THE TRIBUNAL SITS D) All of the above

WHO MADE THAT RULE?

Model Rules affecting International Professional ConductWho Makes These Rules?

• Regulation from individual states



• Also “soft law” recommendations




• ABA, The Center for Professional Responsibility




• ABA, The Center for Professional Responsibility

• Commission on Multijurisdictional Practice


Language of the Rule

RULE 8.5 DISCIPLINARY AUTHORITY; CHOICE OF LAW...(b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows:

(1) for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise;

Model Rules affecting International Professional ConductFor More Information

website for the Commission on Multijurisdictional practice:

http://www.americanbar.org/groups/professional_responsibility/commission_on_multijurisditional_practice.html




SWITCHING GEARS ....

Regulations Promoting Ethical International Business Practices

Corporate Social Responsibility UN Convention Against Corruption Anti-Corruption

Regimes Sarbanes-Oxley FCPA Africa Union Convention of Preventing and

Combating Corruption TRIPS World Bank Common Framework Against Corruption Compliance

Dodd- Frank OECD Convention


Anti-Corruption Regimes



U.S. - FCPA



U.S. - FCPA

Multinational - OECD

U.S.Foreign Corrupt Practices Act

• Enacted in 1977


• Enacted in 1977

• Enforced by both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC)


• Enacted in 1977


• In 2004, combined DOJ and SEC prosecutions = 5


• Enacted in 1977


• In 2004, combined DOJ and SEC prosecutions = 5

• Between 2007 and 2009, combined DOJ and SEC prosecutions > 100

U.S.Foreign Corrupt Practices ActF

TWO MAIN PROVISIONS

1) The Anti-bribery provision


TWO MAIN PROVISIONS

1) The Anti-bribery provision 15 U.S.C. § 78dd-1, 78dd-2


TWO MAIN PROVISIONS

1) The Anti-bribery provision 15 U.S.C. § 78dd-1, 78dd-2 2) The books and records / internal control provisions


TWO MAIN PROVISIONS

1) The Anti-bribery provision 15 U.S.C. § 78dd-1, 78dd-2

2) The books and records / internal control provisions 15 U.S.C. § 78m(b)(2)(A)


FOR MORE INFORMATION

http://www.justice.gov/criminal/fraud/fcpa/

ORGANIZATION FOR ECONOMIC COOPERATION AND

DEVELOPMENTConvention on

Combating Bribery of ForeignPublic Officials in

International BusinessTransactions

("OECD Convention")

OECD Convention

• Enacted in 1997

OECD Convention

• Enacted in 1997

• Required signatory countries to enact measures that are substantively similar to the FCPA

OECD Convention

• Enacted in 1997


• Thirty-eight parties to the Convention

OECD Convention

• Enacted in 1997


• Thirty-eight parties to the Convention

• All OECD countries are parties, plus eight non OECD members

OECD Convention

For More Information

http://www.oecd.org/bribery

Technology

International Legal Ethics