Sir David Clementi considered the impact of his proposals, which form the basis of the Legal Services Bill, on the right of British lawyers to practise in other jurisdictions. Appendix 2 of his Report of December 2004, contained a legal opinion from Slaughter and May which concluded that:
“We believe that Model A and Model B+ are compatible with Community law, international norms and the European Convention on Human Rights”.
Throughout the development of our proposals, we have consistently taken account of the international position, and remain confident that while the proposals in the Legal Services Bill are likely to increase the competitiveness of the legal services industry of England and Wales, they will also safeguard and strengthen its independence.
The only opposing evidence we have identified came from Bundesrechtsanwältskammer or BRAK—which is the self-regulatory body of the German legal profession and acts as the umbrella organisation which represents the 27 regional Bars and the Bar at the Federal Court of Justice. BRAK did make representations both to the Joint Committee on the draft legal Services Bill and to Lord Neill of Bladen who debated some of the issues raised by BRAK during Lords passage of the Bill.
I have received no representations from bodies which are responsible for the recognition or regulation of legal professions in other jurisdictions about the impact of the right of British lawyers to practise as a result of the Legal Services Bill. However, I am aware that the Bundesrechtsanwältskammer or BRAK—which is the self-regulatory body of the German legal profession and acts as the umbrella organisation which represents the 27 regional bars and the bar at the Federal Court of Justice—did make representations both to the Joint Committee on the Draft legal Services Bill and to Lord Neill of Bladen who debated some of the issues raised by BRAK during Lords passage of the Bill.
Of particular relevance in this context, appendix 2 of Sir David Clementi’s report of December 2004 contained an opinion from Slaughter and May, which concluded that:
“We believe that both Model A and Model B+ are compatible with Community law, international norms and the European Convention on Human Rights.”