2009/SOM2/GOS/WKSP/001

Program

Submitted by: Australia

/ APEC Legal Services Initiative Workshop
Singapore
30-31 July 2009

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APEC Legal Services Initiative – Workshop Program

30July2009

Time / Event / Outline
8:00 / Registration
9:00 / Welcome and opening remarks
Mr Roger WilkinsAO, Secretary, AttorneyGeneral’s Department, Australia
Ms Chan Lai Fung, Permanent Secretary of the Ministry of Law, Singapore
9:20 / An outline of the Workshop objectives
Mr Arjuna Nadaraja, Director, International Legal Services, AttorneyGeneral’s Department, Australia / Regulatory frameworks that enable mobility of lawyers are a catalyst for foreign investment and facilitate international commercial transactions. The aims of this workshop are to discern the needs of APEC economies in identifying impediments to the provision of legal services and discuss a framework for information sharing and developing best practice principles.
9:30 / Benefits of mobility of lawyers to business and the wider economy
Mr David Krasnostein, Head, MLC Private Equity, Australia / Legal services enable economic and commercial activity by defining rights and responsibilities and assisting in dispute resolution where commercial conflicts arise. This session will discuss the importance to international trade and investment and the flow-on effects to domestic economies of a regulatory framework that enables the provision of legal services by trans-national service suppliers.
10:00 / Morning tea
10:30 / Panel discussion on the role of commercial lawyers in the profession
Professor Robert Lutz, Professor of Law, Southwestern Law School, United States
Mr Mark Nelson, Partner, LathamWatkins, Singapore
Mr Wong Meng Meng, Vice-President of the Law Society of Singapore / The panel will answer questions about the role of commercial lawyers in the legal profession. Suggested topics include:
 Law as a profession versus law as a business
 Producer services contrasted with consumer services
 Knowledge transfer between local and foreign lawyers and law firms
Maintenance of standards and protection of the public
Demand for trans-national legal services
Continuing legal education
Responsibility for discipline for professional misconduct
11:30 / The regulation of the practice of law by foreign lawyers
Mr Arjuna Nadaraja, Director, International Legal Services Policy Attorney-General’s Department, Australia
Mr Felipe Sandoval, Attorney, and Mr Cristian Rodriguez, Legal Advisor, Ministry of Foreign Affairs,Chile
Mr Jeffrey Chan, Deputy Solicitor-General, Attorney-General’s Chambers, Singapore / Each country has its own unique experience with the regulation of foreign lawyers. Representatives from Australia, Chile and Singapore will each make a presentation on their country’s experiences and measures taken regarding the practice of law by foreign lawyers.
12:30 / Lunch
13:30 / Inventory of current regulatory regimes across APEC
Mr Iain Sandford, Adjunct Professor, University of Canberra, Australia / A presentation on the findings from the survey of foreign lawyer regulations in APEC economies undertaken during the first half of 2009, and how this information can be accessed and used.
15:00 / Afternoon tea
15:15
16:15 / Break out groups (concurrent sessions)
Information session on developments in trade in legal services under the WTO and other preferential trade agreements
Mr Edward Sulikowski, Director, Services Trade and Negotiations, Department of Foreign Affairs and Trade, Australia / Internationalisation of legal services: Issues for developing countries
Ms Christie Furness, Policy Officer, International Legal Services, AttorneyGeneral’s Department, Australia / Discussion on the issues facing admission authorities regarding the recognition of foreign qualifications
Mr Iain Sandford, Adjunct Professor, University of Canberra, Australia
Break out groups to report back to wider group
16:45 / Overview of day 1
Mr Arjuna Nadaraja, Director, International Legal Services Policy Attorney-Generals’ Department, Australia
17:00 / Close of day 1
18:30 – 21:30 / Dinner
Cocktails and Opening Remarks by Mr Jeffrey Chan, Deputy Solicitor-General, Attorney-General’s Chambers, Singapore / Venue: Cardinal Room, Level 3, Grand Copthorne Waterfront Hotel
Dress Code: Smart Casual

31July2009

Time / Event / Outline
9:00 / Law firm site visit
Group 1 – Allens Arthur Robinson TSMP
Group 2 – White & Case / Meet at the reception area of the hotel. Delegates will be divided into two groups and transported to a firm in Singapore that provides foreign legal services. Delegates will have the opportunity to meet the partners and lawyers of the firm and see first-hand the facilities and operations of the firm.
10:45 / Morning tea
11:00 / The nature of modern firms and the impediments these firms face providing services across borders
Mr Jim Dunstan, Partner, Allens Arthur Robinson, Hong Kong
Mr Iain Sandford, Adjunct Professor, University of Canberra, Australia / Discussion of the nature of modern law firms – what defines a firm as being foreign, different forms of practice (partnerships, incorporated and multi-disciplinary practices) and commercial association between local and foreign lawyers/law firms.
Impediments to the provision of legal services across some APEC economies include omitting to recognise foreign law as a category of law distinct from local law, inflexible form of practice restrictions, citizenship and residency requirements, and restrictions on advertising and use of firm name. Presentations will cover issues specific to developing economies.
This session will include plenty of time for questions and discussion.
12:30 / Lunch
13:30
14:30 / Small group discussion of best practice principles
Small groups to report back to wider group / Break into small groups to discuss best practice principles, including the IBAStatement ofGeneral Principles for the Establishment and Regulation of Foreign Lawyers (June 1998). There will be no expectation for delegates to make binding commitments. The aim is to develop a draft statement outlining best practice principles for foreign lawyer/law firm regulation.
15:00 / Afternoon tea
15:15 / Discussion of Legal Services framework
Facilitated by Mr Arjuna Nadaraja, Director, International Legal Services Policy Attorney-Generals’ Department, Australia / Discussion of other steps that could be taken to support the best practice principles to develop an APEC-wide framework for legal services.
Delegates will be encouraged to discuss the topics covered at this workshop on return to their home economy. Speakers’ presentations will be made available following the workshop.
17:00 / Close

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