The International Bar Association: The global voice of the legal profession

As lawyers and members
of law firms, we are all
subject to regulation of one form or another. The impact of this regulation is increasing and not
only challenging some of the
basic ethical positions within the profession, but also requiring us to incur significant expense and time
to ensure we comply.

Historically, regulatory debates have lacked a global perspective and, more particularly, have lacked a business lawyer’s perspective. The International Bar Association (IBA), with its core membership of business lawyers, should play a critical role in the developing field of the regulation of lawyers.

The IBA’s Regulation of Lawyers and Compliance Committee has been formed to meet the growing interest of IBA members in the regulation of law
firms and lawyers (and the related compliance obligations and the risks
of failure to comply).

The committee provides a forum where members can discuss, debate and influence legislation impacting the practice of law, particularly in light of the ever-expanding multijurisdictional approach to the regulation of law firms and lawyers.

Anti-Corruption Strategy for the Legal Profession

In April 2010, the IBA, in cooperation with the Organisation for Economic Co-operation and Development (OECD) and the UN Office on Drugs and Crime (UNODC), launched the Anti-Corruption Strategy for the Legal Profession, a project which focuses on:

• the role lawyers play in international corruption;

• how international instruments and extraterritorial legislation apply to the legal practice, and

• methods to manage the risks of corruption in order to meet the demands and requirements of clients.

The role of lawyers: fighting or aiding corruption?

The international regulatory framework is gradually reducing the avenues used to accommodate corruption. Because many lawyers still remain unaware of the implications that corruption can have on their profession, those wishing to further their corrupt practices are turning to unsuspecting legal professionals to act as agents or middlemen in their illicit transactions. Lawyers are attractive intermediaries because they provide legal advice, the appearance of legitimacy and the concept of professional privilege.

Lawyers and law firms need to appreciate that they are no different than the parties they act for. This means that law firms must behave like any other business affected by the risks and threats brought about by corruption; this includes understanding what sanctions may be imposed against them for deliberately or inadvertently engaging in corruption and corruption-related activities.

The role of third parties in corrupt activities is increasingly appearing on the radar of policymakers and enforcement agencies. Therefore, it is essential that lawyers are armed with the tools needed to identify, address and resolve potential threats. It is clear that, without the cooperation of lawyers, the battle against international corruption will be a difficult one. Whilst it is acknowledged that a lot has been done in terms of official corruption by international and domestic organisations, the role of private legal practitioners in this field has not been specifically addressed as yet.

Practical training and knowledge

To this end, the IBA’s Anti-Corruption Strategy for the Legal Profession began in-country training in the second half of 2010, initially comprised of a series of workshops with managing partners and senior representatives of the most representative law firms in five major Latin American jurisdictions. Since then, over 30 workshops have been held around the world, covering the Americas, Europe, Africa, Asia and the Asia-Pacific region.

Anti-corruption guidance for bar associations

On 25 May 2013, The IBA Council – the governing body of the IBA – approved a 13-page document entitled IBA Anti-Corruption Guidance for Bar Associations: Creating, Developing and Promoting Anti-Corruption Initiatives for the Legal Profession.

The first of a range of practical and substantive recommendations to assist bar associations in developing their anti-corruption policies, the anti-corruption guidance was drafted by the IBA’s legal projects team in conjunction with an expert consultation group comprised of members of the IBA Bar Issues Commission and the IBA Anti-Corruption Committee.

Anti-Corruption Ethics and Compliance Handbook

For the 5th Conference of States Parties to the UN Convention against Corruption (UNCAC), representatives from 167 States Parties convened in Panama City from 25 to 29 November 2013.

The IBA attended in the framework of its anti-corruption initiatives and close working relationship with both the OECD and the UNODC and was proud to attend the launch of the Anti-Corruption Ethics and Compliance Handbook of the UNODC, OECD and World Bank. The IBA’s Legal Projects Team closely contributed to the development of the Handbook, which aims to recognise
the integral role the private sector plays
in the fight against corruption and calls for greater public-private partnership
in this effort.

One of the suggestions that has come out of discussions has been companies’ observation that the myriad existing anti-corruption principles for businesses can be confusing, especially for small and medium-sized enterprises with limited resources, which are looking for concrete ways to prevent corruption in their business dealings in an increasingly complex and globalised operating environment.

To address this challenge, this Handbook has been developed by companies for companies. The Handbook is not intended to create new standards or to represent any form of legally-binding requirement for businesses, but to serve as a useful, practical tool for companies, including law firms, seeking compliance advice in one easy-to-reference publication.

For full and further information on the various the IBA initiatives mentioned above, visit
www.ibanet.org