IBA Conference: Sydney 2017
Jude Igbanoi gives a synopsis of the one-week Annual Conference of the International Bar Association, which held in Sydney Australia earlier this month
The Opening Address was delivered by IBA President Martin Šolc, who welcomed delegates, many of who travelled over 10,000 miles to attend the Conference. He stated that long-held cherished societal and legal values, are being challenged in today’s difficult times. He pointed to the French example, where anti-terrorist laws that would give the police sweeping powers to arrest and detain without due process, are compromising the rule of law. He therefore, called upon delegates to speak openly and all legal practitioners, to remember their hallowed responsibilities.
Be Independent
The Chief Justice of Australia, Susan Kiefel, addressed the issue of independence of lawyers, and declared that those practicing must be able “to exercise independent judgement and the ability to act free from external pressures”
Uphold the Rule of Law
The Attorney-General of Australia, Senator George Brandis, spoke on the need to uphold the current global order. He pointed out that, the institution of nation states is under peril, as the global order faces its existential threats. He identified three trends that threaten law, order and sovereignty: Islamic terrorism, renegade nations who challenge allegiance to global order, and rising aggressive populism. Lawyers have a role to play, to ensure that those trends do not derail the rule of law. They recognise their obligations, to defending the pillars on which society itself is built, beyond their mere obligations to their clients. “Upholding the rule of law may involve ...controversy, it may extend to the powerful, or to those thinking above the law, the marginalised or the despised. Lawyers who do so, serve the finest traditions of our profession.”
And Nigerian Delegates Were There
Yes, there are a number of Nigerian delegates, and we made sure to take a picture with some of them we could hook up with after the session (see the attached). Nigerian Ambassador to Australia was with us too, doing Nigeria proud in his Babanriga dress!!
DAY 2 HIGHLIGHTS
The IBA Annual General Conference, continued in grand style with an array of speakers drawn across various sectors. We bring you highlights of some of the sessions from Day 2 of the Conference below:
Brexit will Benefit Asia-Pacific Region
Speaking as a Panellist on how Britain’s exit from the EU will benefit financial markets in the Asia-Pacific region, Paul Yuen, Head of Market Conduct at the Monetary Authority of Singapore, expressed the opinion that Brexit will be more of a catalyst than driver, in financial markets in the region. Agreeing with him, Micheal Duignan, Senior Director of Corporate Finance at the Hong Kong Securities and Futures Commission, stated that many more banking jobs will be lost to artificial intelligence rather than to the sole event of Brexit.
Rule of Law – More Than a Mantra
“Lawyers chant Rule of Law like it’s a mantra, but it being a mantra, doesn’t take us very far”. These were the words of Prof Bryan Horrigan of the Faculty of Law, Monash University, Australia. He reiterated that it is the responsibility of the legal profession globally, to do something about poverty as poverty was on the increase in 1st World countries. In her view, Carmen Combo, co-chair of the Rule of Law Forum, illustrated the need for strategic litigation in finding legal solutions to problems of poverty around the world. In his view, Norman Clark, Principal at Walter
Clark US, stated that 1 in 8 people in the United States of America live in poverty, describing it as a political problem fostered by a lack of political will.
Ibahri Showcase Session – Women “Firsts”
This Session dwelt extensively on how laws in Australia and elsewhere, have empowered or hindered women to succeed. According to the Session Chair, Baroness Helena Kennedy, women need to stop self- deprecating, get into positions, and make a difference. Commenting on the pay gap and other issues, Hon Mary Gaudron, former Justice of High Court of Australia, stated that “it’s time we forget about euphemisms and call it what it is: discrimination, pure and simple”.
Is Europe Ready for China?
It was indeed, a revealing session for many, to realise that the Chinese economy is stronger than most outside the country believe. In 2016, Chinese FDI into Europe stood at €35Billion ($41Billion). According to Sitao Xu of Deloitte in Beijing, this trend, is just the beginning of outbound Chinese FDI into Europe. The issue of cultural difference also came up for discussion, as it was observed that, Chinese Firms have been known to refuse to pay full fee post-closing. It was therefore, suggested that having a cap fee plus success fee, could be a way of ensuring that Lawyers get paid in full for their services.
Partnership – Time for a Change
One of Nigeria’s fine business lawyers, Olumide Akpata, Partner at Templars, was resplendent in his submission that, for many Sub- Saharan Law Firms, getting into a Partnership was still the best way to go for a fulfilling and rewarding career in the practice of Law. However, there is also an emerging appeal of younger practitioners, to go for the option of “in-house Counsel” as an accelerated path towards Partnership. The desire for work-life balance and flexible career goals, is also making many choose the option of a one-person Law Firm. Without a doubt, Partnerships will remain in the legal profession, but perhaps not as we know it.
Lawyer’s Duty of Confidentiality – Handle with Care
With increase in the regular leakage of private information into public hands, and increasing government scrutiny, the role of lawyers in maintaining confidentiality in the wake of cyber-crimes, came under the spotlight. Two major questions were asked – (1) How far does a lawyer’s duty to their clients go, especially when there is tension between what’s legal and what’s ethical? (2) What is the impact of electronic crime in a law firm? The session highlighted the need for lawyers and Law firms, to be adequately prepared for cyber- attacks before such eventuality happens.
Dream of Electric Lawyers
In the words of Fiona McLeod, President of the Law Council of Australia, there is the need to understand and embrace changing technology really urgently, as it has the potential to transform outcomes for clients of legal services. It emerged from the session that, artificial intelligence developments are coming thick and fast in several jurisdictions, with the illustration of Canadian application, Legalswipe, a free application that provides legal advice to people, unexpectedly questioned by the police.
In his own view, Steven Richman of Clark Hill, was of the opinion that lawyers still need to check and make a decision, stating that there is an obligation on lawyers to supervise non-lawyers, even if the non-lawyer is a robot. Moreover, with increased access to robotics and analytics, he expressed concerns about the impact of technology on access to justice, so that it is not only big Law Firms that can access some of the best tools and commission programs, while solo and small Law Firms, are left at a disadvantage.
You will agree that Day 2 sessions were most robust and very interesting with your undisputed Partner, LawPavilion, on ground in Sydney to give you all the enlightening details. It was another highly rewarding day, as we hosted many more of our erudite
Learned Silks at our stand to receive their personalised versions of “Words in Gold SAN version”, a compilation of all the matters they have appeared in before the Court of Appeal and Supreme Court. You can enjoy the photo-speak here (Facebook hyperlink) and on Twitter here (hyperlink also).
DAY 3 HIGHLIGHTS
Have you ever wondered about the role of disruptors, like Air BnB and Uber, on the traditional industries of hospitality and transportation? Well, Day 3 at the IBA Annual General Conference, was a great opportunity to hear directly from the horse’s mouth. Here are excerpts of the Sessions held:
Legal Disruption Unwrapped
‘Disruption’, ‘automation’, ‘chatbots’ were words used freely at this session, which looked at the impact of technology disruption and what it portends for law. There were concerns raised, as to whether new technologies will soon replace Graduate lawyers, since several tasks being undertaken by lawyers now could be automated, bringing to mind the revolution in the banking industry. Well, not to worry, according to Kieren Parker of Addisons in Sydney, “it is a gross generalisation to say we will lose graduate lawyers, because that assumes that graduate lawyers only perform one task...”. On her own part, Alexandra Neri of Herbert Smith Freehills in Paris, called on lawmakers to react quickly to disruptions which could bring about rough changes on society, which society is usually unprepared for.
Lawyer-Client Privilege and the Global Anti-Money Laundering Dilemma
Against the background of the Russian investigation of its possible involvement with the recently concluded US elections, the legal community has been facing increased scrutiny on providing information on suspicious cases of anti-money laundering to government agencies. With countries such as the US and Japan passing new legislations or proposing same, the Canadian Supreme Court in 2015 had ruled that, it is unconstitutional for lawyers to act as “secret agents of the State”, in the fight against money laundering. It was concluded that Bar Associations and Regulatory Bodies, need to work together on the challenge of information sharing on suspicious transactions, without denting the Lawyer- Client Confidentiality.
The Machines are Taking Over – Machine Learning, Artificial Intelligence
Without any doubt, legal practice is changing rapidly in the face of technology, with access to data being mined using algorithms that generate faster and better results than before. The continued adoption of machine learning, also quickly brings to mind the question – what skills will be useful in the legal services industry of the future? For example, the illustration was given of Silicon Valley Company, Enlitic, which has developed
machine learning software that diagnoses cancer from medical images. The software can analyse CT scan in 0.02 seconds, while a doctor needs at least 10 minutes to read the same medical image.
A Conversation with Julian Assange (Wikileaks)
A Computer Programmer and Activist for freedom of information, Assange, presents a unique challenge for evading arrest and avoiding extradition to Sweden to answer charges of sexual assault, while on the other hand, many believe that the charges in Sweden are a mere front to arrest and extradite Assange to the US, to answer for WikiLeaks. It is interesting to point out that, many documents leaked by WikiLeaks have been used in multiple of human rights cases.
So do you think Assange is a villain or a hero, worthy of adulation in his activities towards freedom of information?
These are highlights from some of the sessions that held on Day 3 of the Conference, which were highly stimulating, eye-opening and quite rewarding. Your undisputed Partner, LawPavilion, would not have you in the dark about anything, hence, our unrelenting efforts to bring you snippets from Sydney, Australia. One recurring theme of the sessions on Day 3, is the impact of technology on the society, which ultimately will dovetail and impact the legal profession. Here at LawPavilion, we are also not relenting our efforts to adopt the best of available technology, to help you work faster, easier and better.
Day 4 of the Conference promises to be quite explosive. Please, look out for tomorrow's juicy details.
DAY 4 HIGHLIGHTS
Gradually, the IBA Annual General Conference is coming to a close, but not just yet. Today, we bring you insights from Day 4 Sessions. Oh, and the Nigeria Night in Sydney was simply fantastic.
We hope you will enjoy Day 4 Insights below:
Africa on the Rise
In the conversation about mega law firms and specialised legal services, the question was asked, “Where are African Law Firms?” With some of Law Firms in the UK and the US boasting of 3000 plus lawyers (asides from paralegals, legal secretaries and other support staff), this Session sought to provide answers to how African law firms can participate more in the wave of globalised services. According to one of Nigeria’s Commercial Lawyers, Mena Ajakpovi of Abraham & Co, the African continent’s preexisting economic handicap, is the fundamental reason why African Law Firms have not been able to compete with the biggest Firms of UK, Europe and the US. He stated that, “the more sophisticated the economy, the more sophisticated the level of services available, and Africa does not have the economy in place”. In his own view, Koos Prestorius of ENsafrica, was of the view that a lot of the wealth generated in Africa, leaves Africa. In her own view, another leading Nigerian lawyer, Mfon Usoro of Paul Usoro & Co., opined strongly that, specialisation is the key to expansion for African Law Firms. She reiterated the need for Regulators on the Continent, to engage local Law Firms which are prepared to take on the big and highly specialised transactions. It was concluded that, we (African lawyers and Law Firms), are responsible for improving our own situation. Without any doubt, African and especially Nigerian Law Firms, will rise to this challenge.
Law Firms – The Perfect Target
The unprecedented leak of over 11 million confidential files from Monsack Fonseca (the Panama Papers), left in its wake, destruction to many Firms and individuals on a massive scale. That scandal brought to the fore again, the question of Client Confidentiality. According to Meg Strickler of Atlanta-based Law Firm, Conway & Strickler, it is no longer a question of if a law firm is going to breach, it is now at the point of when such breach will occur. The session also focused on the responsibility that Lawyers and Law Firms have, to implement additional security measures that restrain or minimise the impact of hacking of confidentially held information.
A Dream of Africa – Roads to Wealth
For a continent endowed richly with so many natural resources, Africa is in a most unusual challenge, of being home to the most deprived people. According to Session Chair, Linda Kasonde of Mulenga Mundashi Kasonde in Zambia, the rule of law is part and parcel of economic development. She opined that, there is so much more lawyers on the Continent can do, to promote accountability and proper management of resources, while fighting to eradicate the epidemic of corruption. In his own view, Sternford Moyo of Scarlen & Holdeness in Zimbabwe, believes that the roadmap for Africa’s development and wealth, lies in the pursuit of correct policies, upholding the rule of law, and ensuring good governance. The Session also considered the need for simplification of legal regimes in many African countries, in order to boost foreign investor’s confidence. Without tax abuses and illicit financial flaws, the developing world would actually have no need for aid from developed economies.
The Partner as Coach and Mentor – Keys to Success
Partners of Law Firms in Asia, the Middle East, Africa and Europe, took the opportunity of the session, to share personal experiences of their roles as mentors and mentees. It was stated that, the key in modern management, lies in investing in individual, tailored and on-the-job learning relationships. During the session, Hanim Hamzah of Singaporean Law Firm ZICO, outlined her Firm’s structured mentoring program, which enabled the Firm to achieve a mix of 52% female lawyers, with strong representation at the senior level. For Ghanaian lawyer Kimathi Kuenyehia, he took advantage of most opportunities to meet and interact with senior figures within the profession, whom he admired and he achieved this through the IBA platform.
Another eventful day has come and gone in Sydney, Australia and as your trusted and undisputed Partner, we trust that today’s insights have proven useful to you and your practice.