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Worldwide Review of the Legal Profession

Worldwide Review of the Legal Profession. Competition and Regulatory Developments in Africa. Outline. The context The profession: growth spurts Regulation Issues Representation (Trade Union and Public Interest Issues) Regionalization Challenges and Opportunities. The context.

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Worldwide Review of the Legal Profession

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  1. Worldwide Review of the Legal Profession Competition and Regulatory Developments in Africa

  2. Outline • The context • The profession: growth spurts • Regulation Issues • Representation (Trade Union and Public Interest Issues) • Regionalization • Challenges and Opportunities

  3. The context • Rapidly growing economies; extractive natural resources • Increasing focus on regional integration and continental co-operation • Shift – in political ideology and economic policy – from the West and the “Bretton Woods” institutions to a “balance” with the East. • New challenges to democracy, rule of law

  4. The profession: growth spurts • Apart from Nigeria and South Africa, most countries have between 100 and 500 lawyers • A “symbolism” about crossing the 1,000 member mark • There appears to be a good “race” to increase numbers in the profession • Also, increase in African law firms joining law firm alliances; regional law firm alliances; some big South African law firms expanding “north”

  5. Regulation Issues • As they grow in size, there is renewed focus on regulation. Some have made amendments to their regulatory frameworks • Focus on building capacity to regulate • Compulsory Continuing Legal Education (CLE) schemes • More robust disciplinary regimes • Value addition from international partnerships • Acceptance, in a few jurisdictions, of a role for non-lawyers in the regulatory process (usually in Disciplinary Committees)

  6. Representation (Trade Union and Public Interest Issues) • Participation in law reform, especially in Sector Wide Approaches (SWAPs) • Innovative ventures into legal aid and access to justice e.g. Open Days/ Legal Aid Weeks; compulsory legal aid schemes • More assertive and proactive interventions in matters of democracy, governance, rule of law, human rights • Useful complement of international partnerships on rule of law

  7. Regionalization • EALS; SADC LA; WABA (West African Bar Association); Pan-African Lawyers’ Union (PALU). Also, the African Forum of the IBA (AfrIBA) • Opportunities for learning, sharing and collaboration on both regulatory and representative issues • Joint positions or actions e.g. on Zimbabwe • Exploration of regional economic communities (RECs) and the African Union (AU) for advocacy; both within the “political” and “judicial” organs/ institutions

  8. Challenges and Opportunities • Financial stability and sustainability (low membership base, low subscriptions) • May also lead to poor staff/ skills retention rate Could be addressed by “diversification” strategies • Highly repressive governments e.g. Ethiopia, Zimbabwe Understanding that this is a long-drawn out campaign; success will not be overnight. International and pan-African advocacy are essential

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