THE PRESIDENTS of the lawyers’ representative bodies of Europe and the US have written to the managing director of the International Monetary Fund, Christine Lagarde, expressing their concern about the impact of troika policy on the independence of the legal profession in Europe.
In a joint letter dated December 21st, Georges-Albert Dal, president of the Council of Bars and Law Societies of Europe and Bill Robinson III, president of the American Bar Association, expressed concern over the proposed Legal Services Regulation Bill in Ireland and proposed reforms in Greece and Portugal.
The European group represents about one million lawyers in 31 countries in Europe and the US body has almost 400,000 members in the US and internationally.
“We have followed with great concern over the past year the developments that have taken place in a number of European countries – Greece, Ireland and Portugal – where the economic crisis and the intervention of the Troika have led governments to propose radical reforms of the legal profession,” the letter states.
“We are aware of the difficult times that countries are facing, and also of the need for reforms. Bars and law societies around the world have always been open to reform: they follow very closely societal, economic and any other changes within their own countries and worldwide, evaluate the impact of these changes on the profession and take the necessary steps to adapt. The current developments, however, go beyond what we would consider proportionate and necessary reforms, and they also raise fundamental questions of compliance with international norms.”
Referring specifically to the Irish Legal Services Regulation Bill, they state: “The Bill provides for far-reaching changes and reforms which are unprecedented in Europe and the United States.”
They note all 11 representatives of the new regulatory authority will be appointed by the Irish Minister for Justice, Equality and Defence, and any member can be removed by the Government if it is thought necessary for the effective performance of the authority. The 11 will include four representatives of the legal professions and seven direct Government appointees.
“In our view, the establishment of the regulator will be in clear breach of one of the core principles of the legal profession: regulation independent from the executive branch of the State – a principle recognised in Europe, the United States, and internationally,” they state.
“We are convinced that without a guarantee of independence – which is fundamental to the profession – it is impossible for lawyers to fulfil their professional and legal role. We believe that independent regulation, conceptually, must be seen as a logical and natural consequence of the independence of the profession.”
They stated they are studying developments in the legal professions in Portugal and Greece after troika intervention in those states, and await further details from the professional bodies there.
“We are seriously concerned that all these developments will lead to an erosion of the administration of justice. They will not only affect the structure of the legal profession and the lawyer’s role in society, but most importantly will be to the detriment of all people . . . in need of a lawyer.”