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Lawyers and Bar Associations Helping Lawyers and Bar Associations – The ABA’s Rule of Law Initiative and Projects in China . Allison Moore Country Director, Vietnam Program (Oct 2007- ) Country Director, China Program (2004-2007) American Bar Association Rule of Law Initiative
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Country Director, Vietnam Program (Oct 2007- )
Country Director, China Program (2004-2007)
American Bar Association Rule of Law Initiative
Presentation at IBA 2007 Annual Meeting
Example: Domestic violence and sex harassment case comparative trial demonstrations
Example: ABA supports the Environment and Natural Resources Law Committee of the All China Lawyers Association (ACLA) annual training workshop each year: EIA, CDM, standing in public interest litigation
Example: ABA has partnered with China’s State Environmental Protection Administration for “mock public hearing” trainings - introduced China’s EIA law and national public hearing regulations to many hundreds of local Environmental Protection Bureau officials, lawyers, judges, NGOs, enterprises, educators, media
Example: ABA, NYU, China People’s University trial demonstration workshops to model proposed criminal procedure reforms (incl challenges to voluntariness of confessions, use of exclusionary rule, use and cross examination of live witnesses, separation of pretrial and trial hearing procedures)
Example: ABA has organized pro bono legal experts in a variety of fields to provide written comments and suggestions
Example: ABA President’s visits to China give high profile to public interest law
Example: ABA and China Association for NGO Cooperation (CANGO) convene multi-stakeholder community dialogues for migrant workers, local government officials, enterprises, lawyers, NGO leaders, and other community residents to promote participatory development of action plans
Example: ABA support to ACLA on professional ethics code; and (with CBA) on standards for representation in death penalty cases.
Example: ABA’s U.S.-China Dialogue on Global Food and Product Safety
Example: ABA support to Environmental Law Alliance Worldwide (E-LAW) for All-Asia Environmental Public Interest Lawyer Conference in Dhaka, Bangladesh
Example: World Justice Project (with IBA and others)
1. Cooperation with a local partner is essential (responsiveness; convening power)
2. Consider financial and organizational sustainability from start
3. Need for a good support structure on the ground for these projects dedicate staff time
4. Tips for pro bono experts to participate most effectively
* not “textbook” overviews but sharing of actual experience – what do you do
* what the practice encompasses and what its limits are
* answer the question: “and if that rule isn’t followed, then what happens?” (think implementation)
* prioritize what has been most important and what can be accomplished most easily or cheaply
4. Role play exercises and other simulated situations particularly effective modes of sharing experience
5. Sharing of models and samples, of checklists to spot issues, of bottom line lessons learned
6. Involve pro bono legal experts from different countries
7. Realize valuable and unique role of bar and lawyers in engaging their counterparts in discussion of professional values and ethics of public service, and of modeling those values in practice - create worldwide legal culture supportive of pro bono