Adopt temporary mobility model, profession urged

Lawyers around the world should be allowed greater ability to practise across borders, two leading Canadian delegates told the conference, as they warned the profession's governing bodies not to let 'trade bureaucrats' dominate the liberalisation agenda.

A temporary mobility model would create an international practising certificate along the lines of an international driver's licence, according to Darrel Pink and Donald Thompson, executive directors of the Nova Scotia Barristers Society and the Law Society of Alberta respectively.

The temporary model would cover lawyers who were visiting another jurisdiction for a fixed period.

The visiting lawyer's home jurisdiction would regulate the lawyer's conduct and provide liability insurance.

The visiting lawyer's firm would 'check in' with the host regulator and in addition visiting lawyers could be required to obtain an 'interjurisdictional practice permit'.

Such a permit would allow the lawyer to practise in another jurisdiction and be a guarantee of professional indemnity cover.

Addressing a session on multi-jurisdictional practice, Mr Pink and Mr Thompson said mobility measures already adopted by the EU 'have been derived from schemes developed for skilled workers and not for lawyers or professionals'.

They recommended that the international legal professions should be active in forming the debate.

'It is preferable that the profession takes control of this issue.

The work at the World Trade Organisation has been developed by politicians, international trade bureaucrats and diplomats.

For these people, the regulation of lawyer mobility is simply another trade on the list, a potential bargaining chip in some other agenda.'

Speaking at the same session, Alison Hook, the Law Society's international director, agreed that greater mobility was desirable, but cautioned that regulatory issues must be resolved.

'How do we frame a model for disciplining the international lawyer?' she asked.

'What governing body would have the jurisdiction to discipline and to what body would dissatisfied clients complain?'