The Role of the Bars in the Context in the Internationalization of the Legal Services
Jay M Vogelson(1)
(1) Chair-Elect, American Bar Association's, Section of International Law and Practice.
Thank you for your kind introduction. We, in the American Bar Association (ABA), are especially grateful for the warm and friendly relations we have and have had for many years with Barra Mexicana, Colegio de Abogados. This friendship not only is personally gratifying, but importantly it has produced many advances for our profession and for our peoples. As you no doubt know, most recently we and our Canadian colleagues collaborated to recommend to the governments of Mexico, Canada and the United States agreed principles for resolution of disputes under NAFTA, and we are working on other projects together. At the request of the president of the Barra Mexicana, the American Bar Association also took under consideration and adopted a policy supportive of the Mexican view regarding the abduction of Dr. Álvarez Machaín. Also, a member of the Mexican bar was invited to be the Foreign Lawyer Representative on the Council of the ABA's International Law Section, and he participates in all of our deliberations.
It is from this cordial relationship that I am glad to discuss with you today the opportunities that a nationally integrated bar, such as the American Bar Association, offers to the legal profession and to the development of law in our societies.
I thought it would be helpful for me to described some of the organization of the ABA and sorne of the activities of the ABA's Section of International Law and Practice. It seemed to me that this review would best convey to you what we believe is the appropriate role of the bar in the growing climate of the internationalization of legal services.
The American Bar Association (ABA) is among the oldest national associations of attorneys in the world. Its function is to enable attorneys in all parts of the United States to join together for the common purpose of having a national representative for the legal profession, serving the public and the profession by promoting justice, promoting professional excellence and respect for the law, and developing legal education. While the ABA is a voluntary aasociation of attorneys, as the representative of the legal profession in the United States the ABA is a national voice, and its policies are formed by the consent of its members.
As you no doubt are aware, the legal profession in the United States, without the ABA, would be higbly fragmented and the influence of the profession would be greatly reduced. Each of the 50 states in the United States has its own bar association and each state has ita own rules for licensing attomeys and regulating the legal profession. The ABA serves to unite the profession. By uniting together, the ABA permits the legal profession to pursue common objectives with the strength that unity brings.
The basic goals of the ABA, which have been adopted and added to over the years, are:
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Goal I |
to promote improvements in the American system of justice. |
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Goal II |
to promote meaningful access to legal representation and the American system of justice for all persons regardless of their economic or social condition. |
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Goal III |
to provide ongoing leadership in improving the law to serve the changing needs of society. |
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Goal IV |
to increase public understanding of and respect for the law, the legal process, and the role of the legal profession. |
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Goal V |
to achieve the highest standards of professionalism, competence and ethical conduct. |
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Goal VI |
to serve as the national representative of the legal profession. |
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Goal VII |
to provide benefits, programs and services which provide professional growth and enhance the quality of life of the members. |
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Goal VIII |
to advance the rule of law in the world. |
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Goal IX |
to promote full and equal participation in the legal profession by minorities and women. |
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Goal X |
to preserve and enhance the ideals of the legal profession as a common calling and its dedication to public service. |
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Goal XI |
to preserve the independence of the legal profession and the judiciary as fundamental to a free society. |
To pursue these objectives, the ABA has a representative form of governance.
The control and administration of the ABA is vested by its constitution in the House of Delegates, which is the policy making body to which the officers, Sections and committees, and ernployees are responsible.
The House of Delegates represents not only the various groups within the ABA, but it also represents the legal profession as a whole. Its membership consists of delegates elected by ABA members in each state, delegates designated by every state bar association, some of the larger local bar associations, some other national organizations in the profession, and delegates elected by the membership at large and by the various Sections of the ABA. The Attorney General of the United States and the Director of the Administrative Office of the U.S. Courts are members of the House of Delegates by virtue of their offices. The House of Delegates elects the ABA officers and members of the Board of Governors, and formulates the policies of the ABA.
The ABA's Board of Govemors is authorized to perform the functions of the House of Delegates between meetings of the House of Delegates. The Board is...
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