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The IBA’s response to the war in Ukraine
Rachel Bunbury
Westbury Law Professional Corporation, Toronto
Emma Oettinger
Ashurst, London
As curbs on international travel and other pandemic restrictions continued to dominate in 2021, the International Bar Association (IBA) maintained an extensive webinar programme. Members do miss the interaction of live events, but online sessions can permit more global reach, including through 'on demand' recordings.[1]
On 11 November 2021, the IBA Regulation of Lawyers' Compliance Committee presented its flagship webinar, titled 'How does a firm onboard clients? Unworthy clients – who decides? What are the risks?'[2]
The panel included officers from the IBA Professional Ethics Committee, the IBA International Commerce and Distribution Committee, and the IBA Law Firm Management Committee. The panellists explored key issues that law firms must navigate in designing client onboarding approaches, including competing professional, business and ethical considerations.
Law firms around the world are facing more incidents of media-driven criticism for representing clients deemed 'unworthy' in the public eye, for whatever reason. This scrutiny of client selection, both from within law firms and from prospective clients, can result in reputational consequences and effects on the bottom line. How should lawyers deal with such high-profile instructions upon receiving them?
While many firms have in place a detailed process to manage conflict, and have sanctions and/or anti-money laundering (AML) compliance obligations, questions are increasingly being asked around a wider range of ethical or moral issues, including environmental protection, sustainability, human rights, diversity and equality.
Panellists offered insight into a range of issues involving ethics, compliance, environmental, social and governance factors (ESG), reputational risk and access to justice. Representative speakers from around the globe – and from different-sized firms – explored:
Key recommendations from the webinar include the following:
All the panellists agreed that this is certainly not a clear-cut area. It has many nuances and factors to take into account, and the approach of law firms to these issues will be an evolving one for senior management for years to come.
We have plans to further explore ESG, hybrid working models and other global regulatory trends in 2022.
The Regulation of Lawyers' Compliance Committee also provided members as panellists to other IBA webinars during the year, including a collaboration with the Bar Issues, Bar Executives, and Law Firm Management committees.
Look out for our next major webinar coming soon on 9 February 2022: 'Hybrid and remote working models for law firms'.[3]
Notes
[1] See www.ibanet.org/conferences accessed 4 February 2022.
[2] See www.ibanet.org/conference-details/CONF2117 accessed 4 February 2022.
[3] See www.ibanet.org/conference-details/CONF2173 accessed 4 February 2022.