Bar Association Research Articles

Women in Legal Governance: A Comparative Analysis of Female Participation and Advancement in the Legal Profession in Japan and India

The social advancement of women in the legal field is a critical indicator of societal modernisation. Despite the progress made globally in the pursuit of gender equality, there are still substantial disparities, particularly in Asian countries such as India and Japan. In this article, the participation and advancement of female legal professionals in these two nations are analysed, with a particular emphasis on the persistent gender disparity and the influence of cultural and institutional barriers on their professional development. The study employs a comparative analysis using data from the White Paper on Lawyers published by the Japan Federation of Bar Associations, alongside statistical data from Indian state bar councils. Findings indicate a significant disparity in the level of female counsel participation between Japan and India. The proportion of female lawyers in India was less than 11% of the total legal professionals in 2010, a figure that increased marginally to 15% by 2020. The study reveals that in order to address the gender disparity in the legal profession, it is imperative that both Japan and India take proactive measures. This study contributes to the limited corpus of comparative research on female legal professionals in Asian countries. The study provides a nuanced comprehension of the socio-legal dynamics that influence women’s advancement in the legal profession by contrasting the legal landscapes of Japan and India. It urges a joint endeavour to achieve gender equality, underscoring the importance of data-driven policies in the development of an inclusive legal environment.

Recommendations from the ABA Commission on Youth at Risk Convening – “Renewal and Revolution: Recommitting the Legal Profession to Serve Children and Youth, their Families, and Communities”

AbstractYouth and families impacted by legal systems now resoundingly attest to the systems' lasting harm, echoed by interdisciplinary research. Lawyering thus requires a vastly renewed outlook, boldness, and honest inquiry about the limits of what the law and public systems can (and should) attempt as purported problem‐solving amidst broader socioeconomic forces and injustice. This report synthesizes recommendations from a groundswell of diverse, dedicated voices following an October 2023 convening hosted by the American Bar Association Commission on Youth at Risk, the ABA Center on Children and the Law, and Hofstra University's Maurice A. Deane School of Law. Entitled “Renewal and Revolution: Recommitting the Legal Profession to Serving Children and Youth, Their Families, and Communities,” the convening engaged various professionals—many with firsthand experience in foster and justice systems— and other advocates. Since the 2006 ABA Youth At Risk Initiative Planning Conference, the ABA Commission on Youth At Risk has elevated the representation and voice of youth through ethical practice standards, expanded access, and national initiatives. This report recounts findings of the 2023 convening's four working groups which met for two‐days of (often tense) discussions to chart a path for the legal profession, law, and policy for the next decade and beyond. Priorities include: transcending conceptions of youth “at risk” towards recognition of harms done, a strengths‐based lens, and lived experience leadership and expertise; cultivating next generation attorneys; prioritizing early family defense and diversion; divesting from systems and re‐investing directly with youth and families; and further eliminating racial disparities.

The First Women in Justice of the Republic of Latvia (1918–1940)

Until the founding of the Republic of Latvia, women were practically excluded from law studies and work in the justice system. The territory of Latvia was part of the Russian Empire and thus subject to the 1864 judicial reform and its laws, which required a law degree and experience to be eligible for working in the justice system and prohibited women from these positions. Following the founding of the Republic of Latvia in 1918 and, more specifically, the establishment of the University of Latvia which had a stronger focus on gender equality in 1919, Latvian women finally had the opportunity to earn the necessary degrees and pursue careers in the judiciary. However, to gain the required experience and be admitted to practice in the court, Bar association, or notaria, women initially needed someone to employ them. In this regard, specific well-known men with liberal worldviews played a significant role.

Sale of disputed rights: Selling the Krooka as a model (A comparative study)

This study aims to clarify the Islamic legal ruling on the sale of disputed rights in Islamic jurisprudence and civil laws in Arab countries. The study focused on a phenomenon that has begun to spread among people, which involves the owner of a "Krooka" selling it to a lawyer for a certain amount so that the lawyer can replace him in claiming financial compensation from the insurance company, either due to the owner's unwillingness to wait for the compensation or his disagreement with the compensation determined by the insurance companies. The study concluded that this sale is not permissible, as it falls under the category of selling a debt to someone other than the debtor, which the majority of jurists consider impermissible. The study made several recommendations, including that the Bar Association should take deterrent measures against lawyers who engage in such transactions and that insurance companies should improve their performance so that policyholders are not compelled to deal with these speculators.

Jews and Non-Jews in the Budapest Bar Association

Abstract Legal experts and lawyers in particular, had a uniquely important role in the process of state-building and modernization of the Habsburg Empire. After the collapse of the Monarchy, their contribution to the transition from a multinational empire to a nation-state was crucial, too. New states with different political contexts had various impacts on the profession itself and its inner life as well. Chambers were struggling to maintain their autonomy against the state, and at the same time, radically anti-Semitic ideologies were emerging within the profession and eventually came into power. This group of professionals could serve as an excellent proxy to study the complex process of social, political, and cultural developments of the elites from the imperial to interwar years and also to explore encounters between Jews and non-Jews and their changes. This paper aims to reexamine the success of the social integration of Jews in the legal profession, particularly among lawyers and the Budapest Bar Association.

The Imperative to Promote Diversity Post-Students for Fair Admissions Analyzing the Effects of Student-Body Diversity on Attrition, GPA, and Bar Passage in Law Students and Graduates

ABSTRACT In June 2023, the United States Supreme Court issued its decision in Students for Fair Admissions v. President and Fellows of Harvard College. Writing for the majority, Chief Justice Roberts declared the consideration of race in university admissions unconstitutional under the Equal Protection Clause of the 14th Amendment. Now, as the era of race-conscious admissions draws to a close, this study examines whether the educational benefits that flow from racial and ethnic student-body diversity acknowledged in Grutter v. Bollinger (2003) persist in a law school context. Using data from the American Bar Association (ABA), the U.S. Census Bureau, and institutional partnerships with 21 law schools, we model student racial/ethnic diversity on law school campuses as a predictor of law-school-level attrition (n = 183), law-student-level GPA (n = 5,129), and law-student-level first-time bar passage (n = 4,808) among underrepresented law students of color. Campus diversity is operationalized as a Blau’s Diversity index. Our findings demonstrate modest benefits associated with racial and ethnic student-body diversity for student retention and first-time bar passage among underrepresented law students of color.

How the Use of Fees, Fines and Bail Have Been Used to Criminalize Poverty: Can Reforms Help Put the Genie Back in the Bottle?

The rallying cry of many American politicians is Law and Order. This tactic wins votes. As a result of its Wars on Crime, Drugs, and the Impoverished, America has the highest rate of incarceration in the world. This article explores how, over the past few decades, politicians have charged criminal defendants every imaginable fee and fine as they wind their way through the criminal justice system in order to fund the massive prison complex that the politicians do not want to tax Americans for. These tactics have criminalized poverty, as they disproportionately impact the most marginalized in American society. These abusive and unfair tactics have drawn scrutiny from policymakers in recent years, including the American Bar Association, which adopted stringent guidelines to help inform policymakers of this critical problem in an effort to reign in the abusive use of fees and fines. The paper discusses recent reforms, many at the urging of the Department of Justice, Office for Access to Justice, in conjunction with the ABA. It discusses the main Supreme Court cases that considered the Excessive Fines Clause of the Eighth Amendment.

New Cross-Border Standards of Conduct for Arbitrators in International Arbitration

The paper deals with topical issues of improving the regulation at the international level of the rules concerning the conduct of arbitrators in international commercial and investment arbitration. Two new documents are highlighted: the Code of Conduct for Arbitrators in the Settlement of International Investment Disputes, prepared by the working group of the United Nations Commission on International Trade Law (UNCITRAL), and the 2024 edition of the guidelines of the International Bar Association (IBA) regarding conflicts of interest in international arbitration. The Code of Conduct for Arbitrators is applied in the framework of International Investment Dispute (IID) proceedings, but may be applied in the framework of proceedings in any other dispute by agreement of the parties to the dispute. Along with the requirements for the independence and impartiality of arbitrators, the Code introduces restrictions on the simultaneous performance of several functions, as well as establishes obligations to exercise diligence, conduct proceedings in good faith and competently, not delegate their decision-making responsibilities, maintain the confidentiality of proceedings; the requirement for the reasonableness of arbitrators’ fees, as well as provisions governing the role of tribunal assistants. The IBA Guidelines on Conflicts of Interest in International Arbitration are the most popular source of «soft law» among the sets of rules of international origin governing the impartiality and independence of arbitrators. It is often used in arbitration and judicial proceedings in various legal systems when considering issues related to the assumption of the functions of arbitrators, their appointments and challenges. The novelties introduced into this Manual, taking into account the 10-year practice of applying the previous edition, expand the list of circumstances to be disclosed, clarify a number of statements.

ABUSE OF PROCEDURAI RIGHTS BY ADVOCATE (ON THE EXAMPLE COMMERCIAL AND ADMINISTRATIVE PROCEEDINGS)

The article is devoted to the study of the problem of abuse of procedural rights by advocate on the example of commercial and administrative proceedings. The relevance of the chosen topic is substantiated and attention is drawn to the fragmentary nature of the coverage of the indicated issues in the scientific literature. The approaches formulated in the scientific literature and judicial practice regarding the understanding of the concept of «abuse of procedural rights» are presented. there are approaches. It is suggested that abuse of procedural rights by an advocate should be understood as actions committed by a lawyer within the framework of a judicial process that formally correspond to the norms of the procedural law, but do not correspond to its conceptual ideas, and are not intended to create an obstacle in the activity of the court or other persons. We consider the following as additional signs of abuse of procedural rights by the advocate: 1) a person who abuses procedural rights has a special status – an advocate; 2) the presence of procedural rights, which are abused by the advocate, are determined by his provision of legal aid and participation in the court process; 3) may result in prosecution not only of the advocate, but also, for example, of the bar association in which the advocate works (about which judicial practice has already been formed in the decision of the Supreme Court dated 14.07.2022 in case No. 755/11559/16-ts); 4) damages the prestige of the entire institute of advocacy. It is proposed to supplement Part 1 of Art. 43 of the Rules of Advocate Ethics. As part of our research, attention will be paid to the abuse of procedural rights by the advocate. The choice of this particular aspect of the specified issue is determined by several reasons: 1) the existence of rare cases of such abuse by advocate; 2) significant dissonance in the public consciousness, which arises due to the abuse of procedural rights by a advocate, which is due to the fact that a advocate must be a model of behavior as a representative of the legal profession and must comply not only with the current substantive and procedural legislation, but also with the Rules of Аdvocate Ethics; 3) creation of a significant threat to the authority of the entire institute of advocacy.

Современные тренды в управлении традиционной коллегией адвокатов

The creation of traditional bar associations began in 1922 on a territorial basis and for more than 100 years of history, they have accumulated considerable experience of work in different socio-economic conditions. The management system proposed by the legislator for these bar associations has not undergone any significant changes and has now become the management system of regional bar associations. The author proposes a ‘blue ocean’ strategy for traditional bar associations, changes in the order of formation of the collegial executive body, partial decentralisation of management, overcoming the negative consequences of the influence of the hierarchical system, transition to a flattened hierarchy with elements of flat commands.

Speech Delivered by Justice Anthony M. Kennedy at the American Bar Association Meeting (August 9, 2003)

Speech Delivered by Justice Anthony M. Kennedy at the American Bar Association Meeting (August 9, 2003)

1937 год в адвокатуре. Свердловская область

The 1930s have become known in the Russian history as years of the Great Terror. Cases on crimes against the revolution (Art. 581–5818 of the Criminal Code of the RSFSR as amended in 1926) were reviewed in the simplified procedure, sentences were pronounced by extra-judicial authorities. However, the customary procedure was also applied, where the accused could hope for protection of rights of an individual. This happened in criminal case No. 3098 against Chairperson of the Presidium of the Sverdlovsk Regional Bar Association N.F. Ostrovsky, his deputy V.P. Postnikov and Chairperson of the Local Trade Union Committee A.F. Toropova.

Expectations and concerns regarding medical advertisements via large commercial medical platform advertising companies: a legal perspective

Advertising in the medical and legal fields, which are among Korea's leading professions, has increasingly utilized major advertising platforms such as LawTalk and UNNI—two of the most prominent and contentious platforms in their respective fields. While it is generally unproblematic for professionals like lawyers and doctors to promote public interest through advertising on these commercial platforms, the creation of a profit-driven structure has the potential to undermine their professional ecosystems. This article explores the issues associated with advertising in the medical field through large commercial platforms, drawing on notable examples from the legal and medical fields in Korea. Specifically, we analyze two of the most popular yet controversial platforms in these sectors, LawTalk and UNNI. In Korea, the format and method of advertising are legal as long as they do not involve referring or soliciting clients, thereby making platform advertising lawful when used solely for that purpose. Nevertheless, it is crucial to prevent medical advertising platforms from establishing market monopolies by skirting various profit regulations and laws. In response to these concerns, the Korean Bar Association has prohibited all advertisements by platform companies. The medical community should closely examine the rationale and process behind this decision. Given the significant social influence of large corporate platforms and the unique social responsibilities of the medical and legal professions, future platform advertising should be subject to distinct legal and institutional regulations that differ from those applied to general services.

Towards a plea-bargaining theory: Need to impose legal and deontological limits for its use

This paper proposes to give the kick to discuss a legal theory about using plea bargaining in Latin America. First of all, we do a review of the different research that legal and sociolegal scholars conducted on this phenomenon. Then, we describe the risk of plea bargaining in the US criminal justice system based on the recent report by the American Bar Association and ask: Can something similar be thought of for our country? Finally, and after pointing out some hypotheses for future work, we conclude the necessity of building a theory on plea bargaining to establish deontological and legal limits in its use.

Towards a plea-bargaining theory: Need to impose legal and deontological limits for its use

This paper proposes to give the kick to discuss a legal theory about using plea bargaining in Latin America. First of all, we do a review of the different research that legal and sociolegal scholars conducted on this phenomenon. Then, we describe the risk of plea bargaining in the US criminal justice system based on the recent report by the American Bar Association and ask: Can something similar be thought of for our country? Finally, and after pointing out some hypotheses for future work, we conclude the necessity of building a theory on plea bargaining to establish deontological and legal limits in its use.

Democratizing Law Librarianship: Reducing Barriers to Entry through Alternative Pathways to the Profession and Increased Support to Students. A Call to Action

Law librarianship is a constantly evolving profession driven by the evolution of law practice, legal education, government, and law itself. Changes in these drivers are in turn influenced by factors such as technology, culture, client needs, American Bar Association Standards, bar exams, diversity and access efforts, faculty research, instructional trends, and law school rankings. Law librarians proudly keep up with these changes—and even stay ahead of them—as we impart new knowledge and skills to users of law libraries and legal information resources. As we proceed through the third decade of the twenty-first century, the legal information profession is engaged in dialogue about the perpetually shrinking pools of qualified candidates for law librarian positions. Additionally, law librarians have been lamenting for decades that the legal information profession does not accurately reflect the diversity in our communities. The literature reflects that those conversations began in earnest in the 1970s and continue today. This article addresses both compelling issues and offers concrete strategies to tackle them simultaneously, thoughtfully, and intentionally. The entire profession is invited to play a role in this effort.

Certain Issues of the Legal Nature of Decisions of the Council of Advocates of Ukraine and their Entry into Force

The article examines certain issues of the legal nature of acts of the bar self-government bodies, namely, whether the decision of the Bar Council of Ukraine has the features of a normative act (1), whether the publication of the decision of the Bar Council of Ukraine on the official website of the Ukrainian National Bar Association constitutes bringing it to the attention of the public in accordance with the procedure established by law (2), and whether the decision of the Bar Council of Ukraine on the organizational support of the Unified Register of Advocates of Ukraine determines the constitutional rights and obligations of citizens.
 The author analyzes the concepts of "normative act”, "regulatory legal act” and "individual legal act". The author concludes that the Bar Council of Ukraine may adopt both normative (regulatory legal acts) and individual legal acts. The legal nature of a particular act of the Bar Council of Ukraine is determined by its content. The author establishes that the decision of the Bar Council of Ukraine on the organizational support of the Unified Register of Advocates of Ukraine has the features of a normative act.
 The article examines the procedure for promulgation of regulatory legal acts in Ukraine. The Constitution of Ukraine defines the obligation to publish only legal acts that define the rights and obligations of citizens. This is required to ensure that citizens are aware of their rights and obligations. It is determined that Ukrainian legislation determines the procedure for bringing to the attention of the public only certain legal acts. It is concluded that publication of a decision of the Bar Council of Ukraine on the official website of the Ukrainian National Bar Association is its communication to the public in accordance with the procedure established by law.
 The author also makes a comparative analysis of the rights and obligations of Ukrainian citizens as defined by the Constitution of Ukraine and the rights and obligations of citizens as defined by the decision of the Bar Council of Ukraine on the Register of Advocates. The author concludes that the decision of the Bar Council of Ukraine on the Unified Register of Advocates does not define the constitutional rights and obligations of citizens.

미국 연방 법제상 디스커버리 의무 위반에 대한 변호사 제재에 관한 연구

The discovery research group formed by the Supreme Court Judicial Administration Advisory Council proposed revamping the document submission order system. The group proposed remanding Articles 349, 350(1), and 351 of the Civil Procedure Act to strengthen sanctions against the parties and non-parties to ensure the document submission order’s effectiveness. But the proposed amendment does not specify an important method to increase the effectiveness of a document submission order. The proposal does not call for sanctions against the parties' attorneys.
 Under U.S. federal discovery law and practice, if discovery obligations are violated, sanctions are sometimes imposed not only on the party but also on the party's attorney if certain requirements are met. Because attorneys gain less from a litigation compared to parties, effectiveness can be secured with weaker financial sanctions against the attorneys.
 If a party compensate for the financial losses incurred to the attorney, financial sanctions against an attorney may be less effective. This is because if a party compensates the attorney's financial losses, both the party and the attorney may benefit.
 However, even if collusion is expected between the parties and their attorneys, this can be prevented to some extent by designing a system so that the court can impose stronger non-monetary sanctions on the attorneys. If it is suspected that an attorney has colluded with a party, then the court may directly or notify the Korean Bar Association to impose a disciplinary action such as suspension or expulsion, which may limit the attorney's qualifications.

CHALLENGES IN PROSPECTING CLIENTS THROUGH LEGAL MARKETING IN BRAZIL

This work analyzes the Code of Ethics and Discipline of the Brazilian Bar Association aiming to demonstrate that advertising can be a parallel to the legal environment. Within the problem that is: Does digital legal marketing arranged in light of the OAB Code of Ethics and Discipline make it difficult to prospect for clients in the legal market? The objective of the work is, through a dialectical methodological line, comparing different eras and the evolution of the market based on historical events and demonstrating the importance of legal deontology and the differentiation between advertising and advertising in the new interpretation of legal marketing, highlighting the differences between marketing, publicity, advertising and the study of the precariousness of work influencing relationships, including communication in the legal market.

Cybersecurity in international commercial arbitration (Legal vision)

Attracting foreign investment requires assurances from states to safeguard against infringements and losses. Arbitration serves as a crucial factor in enticing investors. However, for arbitration to be effective, ensuring information security is imperative. Maintaining confidentiality and preventing disclosure are vital, yet they pose challenges. International experiences indicate that companies might accept unjust settlements to prevent revealing their trade secrets. To tackle these obstacles, various arbitration bodies have endeavored to establish legal mechanisms for ensuring information security. This involves targeting individuals involved in arbitration proceedings and enhancing technical infrastructure. For instance, the International Council for Arbitration (ICCA), in collaboration with the New York State Bar Association (NYSBA) and the International Institute for Conflict Prevention and Resolution (CPR), devised an Electronic Security Protocol for Commercial Arbitration. These initiatives aim to shield participants in international commercial arbitration from the risks of divulging sensitive information due to breaches in information security. The protocol offers a framework of guidelines for arbitrators and parties on safeguarding confidential information throughout the arbitration process. It encompasses aspects like confidentiality agreements, data protection, access control, security measures for electronic devices and data, and procedures for handling incidents. By adhering to these guidelines, arbitrators and parties can uphold the protection of confidential information, thus ensuring that international commercial arbitration remains a secure platform for dispute resolution.