The document discusses various aspects of international legal ethics including character and fitness requirements, model rules affecting international professional conduct, and regulations promoting ethical international business practices. It provides definitions and examples of key concepts like professionalism, discusses who makes rules for lawyers practicing internationally when tribunals don't have their own rules, and examines anti-corruption regulations like the US Foreign Corrupt Practices Act and OECD Convention on anti-bribery.

1. International Legal Ethics © 2011 Madeleine Çağ

2. What do we mean, International Legal Ethics? A) Character and Fitness B) Model Rules affecting International Professional Conduct C) Regulations Promoting Ethical International Business Practices D) All of the above

3. What do we mean, International Legal Ethics? A) Character and Fitness B) Model Rules affecting International Professional Conduct C) Regulations Promoting Ethical International Business Practices D) All of the above (and more ...)

4. International Legal Ethics Character and Fitness Highest standards of Integrity The Globalization of the Profession Objective Advice Improving the Profession Access to Justice Promulgation of Global Rules Diversity Outsourcing Business vs. Profession Public Service Model Rules on Professional Conduct Zealous Advocacy Global Regulations Promoting Ethical Business Practices Develop One's Skills Increase Availability of Services

5. International Legal Ethics Character and Fitness Model Rules affecting International Professional Conduct Regulations Promoting Ethical International Business Practices

6. Character and Fitness  What does it mean?

7. Character and Fitness  What does it mean? Your state's Character and Fitness Panel

8. Character and Fitness  What does it mean? Your state's Character and Fitness Panel Professionalism, this is not just a job, this is a PROFESSION

9. Character and Fitness  What does it mean? Your state's Character and Fitness Panel Professionalism, this is not just a job, this is a PROFESSION How do you define professionalism?

10. Character and Fitness Professionalism By professionalism we mean a group pursuing a learned art as a higher calling in a spirit that it is performing a public service, a service that is indispensible in a democratic nation founded on the rule of law. This calling is no less a public service because it may also be a means of livelihood. Pursuit of a learned art in the spirit of a public service is the essence of being a lawyer. It implies obligations of dignity, integrity, self-respect and respect for others. The essence of professionalism is a commitment to develop one's skills to the fullest and to apply them responsibly and with the utmost diligence to the problem at hand. Professionalism requires adherence to the highest standards of integrity and a willingness to subordinate narrow self-interest in pursuit of the more fundamental goal of client service. Because of the tremendous power they wield in our system, lawyers must never forget that their duty to serve their clients fairly and skillfully takes priority over the personal accumulation of wealth. Lawyers must be willing and prepared to undertake zealous advocacy on behalf of their clients while retaining enough perspective to provide those clients with considered, well-informed and objective advice. Although duties to their clients in particular matters are paramount, lawyers must throughout their careers remain conscious of and committed to the goal of improving the profession and the system of justice. This commitment includes taking personal and professional measures to increase the availability of legal services and abet even-handed and efficient application and administration of the legal system for all segments of society.

11. Character and Fitness Defining Professionalism By professionalism we mean a group pursuing a learned art as a higher calling in a spirit that it is performing a public service , a service that is indispensible in a democratic nation founded on the rule of law. This calling is no less a public service because it may also be a means of livelihood. Pursuit of a learned art in the spirit of a public service is the essence of being a lawyer. It implies obligations of dignity, integrity, self-respect and respect for others. The essence of professionalism is a commitment to develop one's skills to the fullest and to apply them responsibly and with the utmost diligence to the problem at hand. Professionalism requires adherence to the highest standards of integrity and a willingness to subordinate narrow self-interest in pursuit of the more fundamental goal of client service. Because of the tremendous power they wield in our system, lawyers must never forget that their duty to serve their clients fairly and skillfully takes priority over the personal accumulation of wealth. Lawyers must be willing and prepared to undertake zealous advocacy on behalf of their clients while retaining enough perspective to provide those clients with considered, well-informed and objective advice . Although duties to their clients in particular matters are paramount, lawyers must throughout their careers remain conscious of and committed to the goal of improving the profession and the system of justice. This commitment includes taking personal and professional measures to increase the availability of legal services and abet even-handed and efficient application and administration of the legal system for all segments of society.

12. Character and Fitness Defining Professionalism By professionalism we mean a group pursuing a learned art as a higher calling in a spirit that it is performing a public service , a service that is indispensible in a democratic nation founded on the rule of law. This calling is no less a public service because it may also be a means of livelihood. Pursuit of a learned art in the spirit of a public service is the essence of being a lawyer. It implies obligations of dignity, integrity, self-respect and respect for others. The essence of professionalism is a commitment to develop one's skills to the fullest and to apply them responsibly and with the utmost diligence to the problem at hand. Professionalism requires adherence to the highest standards of integrity and a willingness to subordinate narrow self-interest in pursuit of the more fundamental goal of client service. Because of the tremendous power they wield in our system, lawyers must never forget that their duty to serve their clients fairly and skillfully takes priority over the personal accumulation of wealth. Lawyers must be willing and prepared to undertake zealous advocacy on behalf of their clients while retaining enough perspective to provide those clients with considered, well-informed and objective advice . Although duties to their clients in particular matters are paramount, lawyers must throughout their careers remain conscious of and committed to the goal of improving the profession and the system of justice. This commitment includes taking personal and professional measures to increase the availability of legal services and abet even-handed and efficient application and administration of the legal system for all segments of society.

13. Character and Fitness Defining Professionalism By professionalism we mean a group pursuing a learned art as a higher calling in a spirit that it is performing a public service , a service that is indispensible in a democratic nation founded on the rule of law. This calling is no less a public service because it may also be a means of livelihood. Pursuit of a learned art in the spirit of a public service is the essence of being a lawyer. It implies obligations of dignity, integrity, self-respect and respect for others. The essence of professionalism is a commitment to develop one's skills to the fullest and to apply them responsibly and with the utmost diligence to the problem at hand. Profession the highest standards of integrity and a willingness to subordinate narrow self-interest in pursuit of the more fundamental goal of client service. Because of the tremendous power they wield in our system, lawyers must never forget that their duty to serve their clients fairly and skillfully takes priority over the personal accumulation of wealth. Lawyers must be willing and prepared to undertake zealous advocacy on behalf of their clients while retaining enough perspective to provide those clients with considered, well-infor objective advice . Although duties to their clients in particular matters are paramount, lawyers must throughout their careers remain conscious of and committed to the goal of improving the profession and the system of justice. This commitment includes taking personal and professional measures to increase the availability of legal services and abet even-handed and efficient application and administration of the legal system for all segments of society.

14. Character and Fitness Defining Professionalism 266 WORDS +5 YEARS OF ANALYSIS AND DISCUSSION ONLY ONE CITY HOW CAN YOU DEFINE PROFESSIONALISM FOR ALL OF THE WORLD'S LAWYERS? DO WE NEED TO?

15. SO DIFFERENT! sport rules Cricket Baseball

16. NOT SO DIFFERENT? confidentiality rules U.S. MODEL RULE 1.6 a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent … BAR COUNCIL OF INDIA RULES § IV, sub. 24 an advocate shall not do anything whereby he abuses or takes advantage of the confidence reposed in him by his client ...

17. Model Rules affecting International Professional Conduct Do We Need International Rules? A lawyer who practices in an international tribunal

18. Model Rules affecting International Professional Conduct Do We Need International Rules? A lawyer who practices in an international tribunal That tribunal does not adopt its own individual rules of professional conduct, which rules does the lawyer follow?

19. Model Rules affecting International Professional Conduct Do We Need International Rules? A lawyer who practices in an international tribunal That tribunal does not adopt its own individual rules of professional conduct, which rules does the lawyer follow? A) Prosecution

20. Model Rules affecting International Professional Conduct Do We Need International Rules? A lawyer who practices in an international tribunal That tribunal does not adopt its own individual rules of professional conduct, which rules does the lawyer follow? A) Prosecution B) Defense

21. Model Rules affecting International Professional Conduct Do We Need International Rules? A lawyer who practices in an international tribunal That tribunal does not adopt its own individual rules of professional conduct, which rules does the lawyer follow? A) Prosecution B) Defense C) Tribunal

22. Model Rules affecting International Professional Conduct Do We Need International Rules? A lawyer who practices in an international tribunal That tribunal does not adopt its own individual rules of professional conduct, which rules does the lawyer follow? A) Prosecution B) Defense C) Tribunal D) All of the above

23. Model Rules affecting International Professional Conduct Do We Need International Rules? A lawyer who practices in an international tribunal That tribunal does not adopt its own individual rules of professional conduct, which rules does the lawyer follow? A) Prosecution B) Defense C) WHERE THE TRIBUNAL SITS D) All of the above

24. Model Rules affecting International Professional Conduct Do We Need International Rules? A lawyer who practices in an international tribunal That tribunal does not adopt its own individual rules of professional conduct, which rules does the lawyer follow? A) Prosecution B) Defense C) WHERE THE TRIBUNAL SITS D) All of the above WHO MADE THAT RULE?

25. Model Rules affecting International Professional Conduct Who Makes These Rules? Regulation from individual states

26. Model Rules affecting International Professional Conduct Who Makes These Rules? Regulation from individual states Also “soft law” recommendations

27. Model Rules affecting International Professional Conduct Who Makes These Rules? Regulation from individual states Also “soft law” recommendations ABA, The Center for Professional Responsibility

28. Model Rules affecting International Professional Conduct Who Makes These Rules? Regulation from individual states Also “soft law” recommendations ABA, The Center for Professional Responsibility Commission on Multijurisdictional Practice

29. Model Rules affecting International Professional Conduct Language of the Rule RULE 8.5 DISCIPLINARY AUTHORITY; CHOICE OF LAW ... (b) Choice of Law. In any exercise of the disciplinary authority of this jurisdiction, the rules of professional conduct to be applied shall be as follows: (1) for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise;

30. Model Rules affecting International Professional Conduct For More Information website for the Commission on Multijurisdictional practice: http://www.americanbar.org/groups/ professional_responsibility/ commission_on_multijurisditional_practice.html

31. SWITCHING GEARS ....

32. Regulations Promoting Ethical International Business Practices Corporate Social Responsibility UN Convention Against Corruption Anti-Corruption Regimes Sarbanes-Oxley FCPA Africa Union Convention of Preventing and Combating Corruption TRIPS World Bank Common Framework Against Corruption Compliance Dodd- Frank OECD Convention

33. Regulations Promoting Ethical International Business Practices Anti-Corruption Regimes

34. Regulations Promoting Ethical International Business Practices Anti-Corruption Regimes U.S. - FCPA

35. Regulations Promoting Ethical International Business Practices Anti-Corruption Regimes U.S. - FCPA Multinational - OECD

36. U.S. Foreign Corrupt Practices Act Enacted in 1977

37. U.S. Foreign Corrupt Practices Act Enacted in 1977 Enforced by both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC)

38. U.S. Foreign Corrupt Practices Act Enacted in 1977 Enforced by both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) In 2004, combined DOJ and SEC prosecutions = 5

39. U.S. Foreign Corrupt Practices Act Enacted in 1977 Enforced by both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) In 2004, combined DOJ and SEC prosecutions = 5 Between 2007 and 2009, combined DOJ and SEC prosecutions > 100

40. U.S. Foreign Corrupt Practices Act  TWO MAIN PROVISIONS 1) The Anti-bribery provision

41. U.S. Foreign Corrupt Practices Act  TWO MAIN PROVISIONS 1) The Anti-bribery provision 15 U.S.C. § 78dd-1, 78dd-2

42. U.S. Foreign Corrupt Practices Act  TWO MAIN PROVISIONS 1) The Anti-bribery provision 15 U.S.C. § 78dd-1, 78dd-2 2) The books and records / internal control provisions

43. U.S. Foreign Corrupt Practices Act  TWO MAIN PROVISIONS 1) The Anti-bribery provision 15 U.S.C. § 78dd-1, 78dd-2 2) The books and records / internal control provisions 15 U.S.C. § 78m(b)(2)(A)

44. U.S. Foreign Corrupt Practices Act  FOR MORE INFORMATION http://www.justice.gov/criminal/fraud/fcpa/

45. ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT Convention on Combating Bribery of Foreign Public Officials in International Business Transactions ("OECD Convention")

46. OECD Convention Enacted in 1997

47. OECD Convention Enacted in 1997 Required signatory countries to enact measures that are substantively similar to the FCPA

48. OECD Convention Enacted in 1997 Required signatory countries to enact measures that are substantively similar to the FCPA Thirty-eight parties to the Convention

49. OECD Convention Enacted in 1997 Required signatory countries to enact measures that are substantively similar to the FCPA Thirty-eight parties to the Convention All OECD countries are parties, plus eight non OECD members

50. OECD Convention For More Information http://www.oecd.org/bribery