All articles by Jonathan Goldsmith – Page 36
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Two steps forward, one step back
Let us have a party about two pieces of good news. There is not a lot of that around at present, for the legal profession or anyone else. And then we will give a loud boo to the bad news.
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The Court of Justice is changing its Rules of Procedure
The European Court of Justice wants to change its Rules of Procedure. The amendments are at an advanced stage, and are currently being discussed with the Council of the European Union. The CCBE has welcomed most of the changes, but has pointed out some serious reservations relating to access to ...
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Lawyers must take the lead in reshaping our values
I like to think that, if you examine a section of society, you can deduce problems and solutions which apply more widely. So, in this year of impending financial collapse and of governments which are paralysed or uncertain, I shall look at current developments relating to lawyers across Europe, and ...
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Right to a lawyer: UK’s wrecking proposal
The debate on the European Unions’s proposed directive on the right to a lawyer at all stages of criminal proceedings is hotting up. The Gazette covered the recent parliamentary motion tabled by the government where the justice secretary recommended that the UK opt out of the draft directive. The motion ...
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EU-wide training: the impossible dream
What would you do if you had to draw up a plan for training 1.4 million legal personnel in European Union law in 27 member states? You would either run for the exit, or make a hopeful start somewhere.
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Third-party funding of litigation - views from the US and Australia
The recondite topic of third-party funding of litigation has been in the news over the summer. The Gazette reported last month that the Civil Justice Council is on the verge of agreeing a code of conduct for third-party funders, and that an association for funders will be set up.
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Cloud computing: an ethical challenge for lawyers
The European Commission is consulting widely on cloud computing. In brief, for newcomers to the topic, cloud computing is the storage of data on servers outside your personal ownership. There are mega-providers out there who will store your data for a fee which is cheaper ...
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Lawyers in the summer’s high-profile stories
Where did the silly season go? Nobody can complain that this summer has been dull news-wise - if anything, it has been too exciting. In Germany, they had the story of Yvonne, the missing cow, as if the front pages needed filling. But here one earth-shattering development has succeeded another ...
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Lawyers in the summer’s high-profile stories
Where did the silly season go? Nobody can complain that this summer has been dull news-wise - if anything, it has been too exciting. In Germany, they had the story of Yvonne, the missing cow, as if the front pages needed filling. But here one earth-shattering development has succeeded another ...
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No let up in anti-money laundering developments
The summer months have seen a quickening of pace in news relating to lawyer involvement in anti-money laundering procedures. Although there have been times in the past when the work of our CCBE anti-money laundering committee has lessened, its agenda is now overflowing.
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News from ABA’s annual meeting in Toronto
I attended the American Bar Association’s annual meeting in Toronto last week. The global economy looked as if it was about to crash, but it was too late to incorporate that into the programme. The organisers did manage to include the previous US crisis into the opening ceremony, since the ...
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Developments on the EU’s accession to the European Convention on Human Rights
This story does not have Rebekah Brooks in it, nor details of high-wire acts to save the dollar and the euro. There are no wars or celebrities in sight. In other words, it is perfect summer reading.
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A struggle between the European courts and EU governments
A year ago, I wrote about the problems facing the European courts. These have not been resolved, and now there is an increasing dispute between the courts and the member states over whether the number of judges should be increased.
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EU would have to be reinvented if it ends
These are dark days for the EU. Many have noted that its ability to deal with the eurozone crisis is posing an existential test. If it fails, the whole structure could come tumbling down. Let us suppose that this might happen. Other than my being out of a job, what ...
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Reserved activities come under scrutiny
It’s summertime. But for lawyers, the livin’ ain’t easy (to misquote George Gershwin). Just when it seems that 'one of these mornings, you're going to rise up singing, then you'll spread your wings, and you'll take to the sky' - in other words, go on holiday - word reaches us ...
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A far-reaching study on lawyers in Europe
Just when the legal profession is staggering under the weight of so much change, another radical review approaches. In the EU, lawyers have long benefited from a special regime of laws dedicated just to us: the lawyers’ directives. No other liberal ...
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European Commission focuses on flaws in the auditing market
Like a glacier, the European Commission is slowly moving to deal with the auditing profession for their controversial role in the economic crisis, and generally in relation to the profession’s structural faults. As I have written before, it is about time that this issue came ...
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And you think you’ve got problems
If you can bear to tear yourself away from contemplation of justice cuts in the UK, here is a story of justice cuts in the richest country on earth. We are becoming poorer in the West, loaded with debts from living beyond our means, while ...
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Are we at saturation point with rights?
The European Commission - or at any rate its justice arm - is big on rights. Justice commissioner Viviane Reding has recently published two important packages covering, first, suspects’ and defendants’ rights (the so-called Measure C, which will give the right to a lawyer anywhere ...
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Legal news round-up from Europe
Last week, I wrote about developments in France. But there are changes of interest for lawyers taking place in other European countries, too. Poland seems to be having the hardest time. There is currently an Act ...