International Bar Leaders Senate - Toronto

The International Bar Leader's Senate is the place for discussion and exchange of views between Bar Leaders, Bar Presidents and representatives of local, national and international lawyers’ organisations. They meet at least once a year, during the UIA Congress, to reflect together and share their opinions on current issues, relating to the core values of our profession, in particular.

What disciplinary rules should apply to lawyers exercising under mobility rules?

"Mobility is unavoidable in this era of globalization!"

This statement (translation) from Mr. Nicolas Plourde, Past President of the Quebec Bar Association (April 2013) must have been repeated over and over by Bar Presidents and Presidents of Law Associations; mobility is now an integral part of the profession.

Lawyers play a very important role in our society and particularly in the Justice system which is a basic component of our democracies. They are active partners in the protection of the public.

Local jurisdictions that issue authorisations to practise law have set up disciplinary mechanisms to sanction those lawyers that do not abide by the regulations imposed by the profession or those guilty of disciplinary misconduct.

The same professional conduct is expected from lawyers practising under mobility rules! But in mobility situations:

? Which governing organisation has jurisdiction over professional misconduct? Is it the organisation that issued the authorisation to practice? Is it the organisation in which the misconduct happened?

? What is the situation if the misconduct occurs in different jurisdictions? Is there concurrent jurisdiction? Is one jurisdiction exclusive of any or all the other jurisdictions? Does one jurisdiction take precedence over the other(s)?

? Does the decision rendered by one jurisdiction bind the other jurisdiction(s)? Are the means of defence accepted in one jurisdiction, accepted in the other jurisdiction(s)? Are the sanctions imposed in one jurisdiction, automatically accepted and imposed in other jurisdiction(s)?

These are some of the many questions that arise from the application of the mobility rules and that will be brought up and debated during the next meeting of the International Bar Leaders' Senate.

Bar Presidents and Presidents of Law Associations are invited to share their experience and discuss the matter with their colleagues in order to establish the grounds of what may, down the line, become guidelines for the profession.