IBA Annual Conference Toronto 2025
2 Nov - 7 Nov 2025
Session information
Without fear or favour? Independent lawyering under assault
Monday 3 November (1115 - 1230)
Committee(s)
IBA's Human Rights Institute
(Lead)
Description
In times of democratic decline, justice actors often stand as the last line of defence for the rule of law. As fundamental players in safeguarding access to justice, legal accountability, and human rights, lawyers are essential to the system of checks and balances that upholds democratic governance. Yet in an increasing number of countries – spanning from El Salvador to the US, Türkiye, Belarus, Zimbabwe, the Philippines, and more recently even EU member states like Poland and Hungary - lawyers are being harassed, surveilled, arbitrarily prosecuted and detained, disbarred, or even physically attacked for carrying out their professional duties.
This session will look at the recent US case study of executive orders targeting law firms as a stark example of these broader global patterns. The discussion will focus on how the independence of the legal profession is being systematically undermined as part of broader strategies of democratic backsliding. It will also explore global trends and patterns in the intimidation of lawyers, strategies and best practices for resilience, and tools available for protection and advocacy, including the Council of Europe’s Convention on the Protection of the Profession of Lawyer.
The erosion of lawyers’ independence is not just a professional concern: it is a democratic one.