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TOWARDS CROSS BORDER LEGAL PRACTICE IN EAST AFRICA

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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TOWARDS CROSS BORDER LEGAL PRACTICE IN EAST AFRICA

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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???

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