The following content has been provided by the panel presenting on this topic during the afternoon on Day 1 of ICLR 2019.
As recent events have shown, regulating the conduct of lawyers who serve as elected politicians or in public office, as well as those who provide legal services to others in public office, is a minefield. It is a challenge to properly balance the interests of the public, lawyers and the administration of justice when potential ethical violations occur.
This workshop will be of interest to those involved in the regulation of lawyer conduct, those who help develop Law Society policy and rules, and those who prosecute or defend lawyers who are the subject of investigations who serve in public office or provide advice to those in public office.
The workshop will highlight a number of cases in various jurisdictions where such lawyers have been the subject of complaints, and how these jurisdictions have balanced the various interests to determine an appropriate outcome.
Moderator: Victoria Rees, Director of Professional Responsibility, Nova Scotia Barristers’ Society
Panelist: Ellyn Rosen, Regulation and Global Initiatives Counsel, ABA Center for Professional Responsibility
Panelist: Rebecca Magorokosho-Musimwa, Regulatory Services Manager, Law Society of Zimbabwe
Panelist: Ian Miller, Partner, Kingsley Napley LLP, London, UK
What particularly do you hope to explore in this session? Any specific questions you hope to answer?
This workshop will provide practical case-based guidance (including a take-away you help develop) on:
- What factors should regulators consider when assessing risk and determining when/ whether to take action in these circumstances?
- How can regulators effectively balance all relevant interests when engaged in these assessments/investigations?
What do you hope to achieve with this session?
This session will be conducted in workshop fashion, with significant engagement and input from the audience to create, during the session, a useful tool/checklist of factors to consider when dealing with similar complaints and the conduct of lawyers in public office or providing advice to those in public office.