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OUTLINE OF PRESENTATION . INTRODUCTIONWHY CROSS BORDER LEGAL PRACTICE (CBLP)?FORMS OF CBLPCHALLENGES OF CBLPCRITERIA OF CBLPWHAT HAS BEEN DONE SO FAR?CONCLUSION. INTRODUCTION. Unique role of lawyers in the development of the East African regionWith CBLP, advocates can practice in a
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1. TOWARDS CROSS BORDER LEGAL PRACTICE IN EAST AFRICA By
Ben K. Twinomugisha (Dr)
Professor and Dean of Law, Makerere University
2. OUTLINE OF PRESENTATION
INTRODUCTION
WHY CROSS BORDER LEGAL PRACTICE (CBLP)?
FORMS OF CBLP
CHALLENGES OF CBLP
CRITERIA OF CBLP
WHAT HAS BEEN DONE SO FAR?
CONCLUSION
3. INTRODUCTION Unique role of lawyers in the development of the East African region
With CBLP, advocates can practice in any of the EAC countries
Conversations at local and regional law society/judicial meetings
Caution, divisions/disagreements on CBLP
4. WHY CBLP? Dictates of the law
Growth of law firms
Some level of harmonization exists
Benefits of a wider market
Choice to clients especially business community
Courts and tribunals (local and regional) benefit from experienced counsel from other jurisdictions
5. FORMS OF CBLP Temporary provision of legal services across boundaries
Partnership with a law firm in the host country
Legal consultant on foreign law
Having a ‘foreign law’ practice in the host country
Member of the host country Bar
Representation before an arbitration tribunal
6. CHALLENGES OF CBLP
Different legal systems
Language
Nationalistic tendencies: protectionism
Disparities in the Bar Associations
Competition: unfair market practices
Limited resources
7. CRITERIA FOR CBLP Recognized law degree
Membership of national and EAB associations
Certified as advocate in home country
Subject to disciplinary procedures in both countries
Professional liability and fidelity insurance
Compliance with ethical and practice rules in host country
8. WHAT HAS BEEN DONE SO FAR?
EAC Treaty and relevant protocols and annexes
Annex II [ EAC Common Market (Free Movement of Workers) Regulations]
Annex V [EAC Common Market (Schedule of Commitments on the Progressive Liberalization of Services]
Discussions by national societies/associations
Discussions by the East African Law Society
Study by ILI commissioned by the EAC (Give status)
9. CONCLUSION
CBLP is inevitable
Harmonization of legal systems and curricula
Sensitization of stakeholders
Amendment of national advocates laws to facilitate CBLP
10. EAST AFRICAN POLITICAL FUTURE
POLITICAL WILL???