BIC Showcase: Harmonising common and civil law practice

Thursday 28 October 2021

Representation of companies engaged in cross-border commerce means that the contemporary lawyer must be aware of legal issues from other jurisdictions. Lawyers may themselves engage in activities, virtually or in person, in other jurisdictions. Jurisdictions vary in their approaches to lawyers not licensed by them nonetheless acting for clients within their borders. Distinct differences exist regarding approaches to discovery, the boundaries of unauthorised practice of law, treatment of attorney client privilege, and requirements for mandatory continuing legal education, among others. Certain common law jurisdictions are decentralised as well in their approach to the regulation of lawyers as well as cross border practice, adding another layer of considerations. This session reviews some of the more common issues lawyers address in these circumstances and discusses how bar associations may assist.