International Exchange Activities by the JFBA Executive Office - Three-Bar Meeting

As the Deputy Secretary General in charge of the International Affairs Division of the JFBA, I would like to give a general introduction regarding the Three-Bar Meeting, which is still relatively unknown.  The Three-Bar Meeting started in 2004, as a place for exchanging experiences and expertise among the Council of Bars and Law Societies of Europe (CCBE), the All China Lawyers Association (ACLA) and the JFBA.  This year, Mr. Utsunomiya and Mr. Kaido, the President and Secretary General of the JFBA, respectively, participated in the said meeting which was held in Tianjin, China on July 18, 2011.  At the meeting, a diverse range of issues such as judicial reform, the further development and training of attorneys, E-justice (including the computerization of court proceedings and legal work, and IT utilization), and the structures and systems of law firms, etc., were actively discussed.

The following is the latest report on the results of the discussions at the meeting as reported by Mr. Kaido soon after his return from the meeting.

The CCBE reported that a new EC Commissioner in charge of Justice, Fundamental Rights and Citizenship had been appointed, which the CCBE had called for some time to the European Commission (EC), and that this appointment demonstrates the EC’s stance of placing a high level of importance on that particular judicial field.  In addition, the EC has been deliberating regarding the issue of whether or not to adopt a system which guarantees an arrested person a set of rights such as the right to interpretation services (and translation of all essential documents), the right to appoint defense counsel immediately upon arrest, and the right to have legal aid, wherever he or she is arrested in any of the European Union countries, as minimum safeguards in criminal procedures.  Further, regarding Alternative Business Structures (ABS), namely, a business structure which allows non-lawyers to own law firms, which recently commenced operation in the United Kingdom, it is predicted that many large-scale law firms which have branches overseas would not adopt ABS because most countries are likely to prohibit firms which have adopted an ABS in the UK from setting up branches in that country’s territory.

Further, the ACLA reported that a large number of significant laws had been amended during the last ten years since China joined the WTO, and also reported that the promotion of internationalization of practices by attorneys has been strengthened in line with the increase in the number of attorneys.

From this summer to fall, a series of international conferences are scheduled to be held, such as the ABA’s 2011 Annual Meeting in Toronto in August, the Korea-Japan Bar Leaders’ Conference in Seoul in September, the 24th LAWASIA Annual Conference in Seoul in October, and the International Bar Association (IBA)’s 2011 Annual Conference in Dubai in November. Among these conferences, the JFBA’s President himself will be attending the LAWASIA and IBA Conferences.

Although the circumstances facing attorneys in each country tend to vary under each country’s different legal systems, it has been found that each country seems to share a number of common concerns. Therefore, it can be said that these conferences are important opportunities for bar leaders to be able to share the latest information and concerns of each participating country, in a way which transcends national borders.

The effective and highly useful information which the JFBA’s President, Vice Presidents and Secretary General have brought home to the JFBA after having attended such conferences is always put to practical use through sharing such information with the relevant Committees and Committee members.

(Written by Ms. Yumiko Ichige, Deputy Secretary General of the JFBA)