Services of the International Criminal and Regulatory Bar

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1 Services of the International Criminal and Regulatory Bar The Bar Council Integrity Excellence Justice

2 How barristers can help Why England and Wales? Specialist areas of criminal barristers List of barristers Chambers

Introduction Barristers in England and Wales provide clients with high quality and specialist advocacy and legal advisory services all around the world.

3 Introduction Barristers in England and Wales provide clients with high quality and specialist advocacy and legal advisory services all around the world. The Bar is an outward-looking profession, providing services in an increasingly globalised legal market. Barristers in independent practice have low overheads and offer their services domestically and internationally at competitive rates. Lawyers and clients from other jurisdictions may instruct barristers directly, without using a domestic law firm, in a very broad range of international commercial, civil and criminal cases. Barristers act as legal representatives, but can also act as adjudicators, arbitrators and mediators or expert witnesses. How barristers can help This guide focuses on how barristers can assist clients in criminal cases across the world including, for example, cases involving bribery and corruption, money laundering, global financial fraud, financial and other regulation, extradition and sporting disputes. It explains the role of barristers and how they are particularly well-placed to assist with these types of legal issues. The guide also explains how you can find and instruct a barrister, and features a list of barristers chambers which offer criminal and regulatory legal services. The Bar Council The Bar Council represents and, through the independent Bar Standards Board (BSB), regulates over 15,500 barristers in England and Wales in self-employed and employed practice. The Bar Council promotes: The Bar s high quality specialist advocacy and advisory services Fair access to justice for all The highest standards of ethics, equality and diversity across the profession, and The development of business opportunities for barristers at home and abroad. 1

4 410 Chambers in England and Wales 15,500 practising barristers About barristers A barrister is a specialist advocate, trained to present a case orally before courts, arbitrators or other tribunals in a way that is most likely to be attractive to a judge and other decision makers. The core of many barristers work is advocacy and advising on actual or potential disputes. This work includes drafting written statements of case, briefs or memorials, advising on legal merits and presenting written and oral arguments. Although most barristers are individual practitioners who are self-employed, they often join together with other barristers and share premises in what are called sets of chambers. Most barrister s chambers specialise in particular areas of law. Importantly, they retain full independence from each other as they do not share profits. Each set has its own website where you can find out more information (see page 12). Barristers can be instructed, like consultants, on a case-by-case basis and always focus on the best interests of the client. A barrister will carry out the work personally and will not usually delegate to a team of employees. Instructing a barrister is generally more costeffective than employing a law firm because barristers have significantly lower overheads owing to their practice model. Since barristers work like consultants, they generally do not compete with law firms and are therefore ideal partners for international firms seeking English and Welsh Law expertise which they may be lacking in-house. How have barristers helped? Acted for the Integrity and Anti-Corruption Department of the African Development Bank in Abidjan in numerous international corruption investigations. 2

How barristers can help Barristers frequently advise or appear as advocates in international regulatory and criminal cases, whether as specialist legal representatives acting for a client or in a

5 How barristers can help Barristers frequently advise or appear as advocates in international regulatory and criminal cases, whether as specialist legal representatives acting for a client or in a quasi-judicial capacity, acting as arbitrators or adjudicators, or as mediators. They give advice in litigious but also in noncontentious matters. For example, barristers can help set up, improve and monitor corporate compliance programmes as well as leading or assisting in internal investigations. They are often instructed as experts to advise upon the juxtaposition of domestic laws with an international legal framework and issues such as multinational criminal and civil asset recovery. Barristers specialise in one or more particular sectors and offer a high degree of knowledge in their fields of practice. They regularly appear in international courts, such as the International Criminal Court, or the Courts of the European Union (EU) institutions, international tribunals and international arbitrations. All barristers have full rights of audience, which means they are permitted to appear in all of the courts of England and Wales, and some have rights of audience in foreign courts, notably in other common law jurisdictions. Acting as Amicus Curae in 35 death penalty appeals before Ugandan Court of Appeal. 3

6 Specialist advocates Barristers recognised expertise in advocacy means that their services are in high demand in the international legal market. Barristers have a wealth of experience to draw upon when guiding their clients through the many challenges of international litigation and arbitration. Some of the services which barristers can provide include: Presenting oral and/or written submissions to the relevant court or tribunal on their client s behalf including expert cross-examination of witnesses where oral evidence is given Drafting documents setting out their client s case, and assisting with the preparation of witness statements and other evidence Recommending appropriate expert witnesses and advising on their suitability, and Acting as expert witnesses in other jurisdictions courts or tribunals on questions of English and Welsh law. At all stages a barrister will give objective and independent advice as to the prospects of success, identify weaknesses in the case and advise as to what evidence is necessary to prove their client s case. From the outset, a barrister will draw on his or her considerable experience of litigation and arbitration. International clients frequently find that coming straight to a barrister when there is the prospect of a dispute saves considerable time and expenditure, as the barrister can often accurately advise on the strategic options, success chances and evidentiary requirements quicker and more efficiently. They are also well placed to advise on which law firms to instruct, should litigation and arbitration support be required. Expert evidence Barristers are frequently instructed to give expert evidence in overseas courts and tribunals about English law, or other systems of law where they are dual-qualified. 4

7 Advisory work Barristers frequently advise English, Welsh and foreign law firms on disputes arising in criminal and regulatory areas. As trial lawyers, barristers will have seen how a particular issue may be approached by a court or an arbitral panel. They can also apply that experience and knowledge to non-contentious matters, such as assisting companies to comply with the Bribery Act Some barristers develop highly-specialised practices in which they become leading experts on some of the most difficult legal issues. English and Welsh solicitors and foreign lawyers frequently instruct specialist barristers to advise upon points of law that arise in complex cases. of the world s 320 legal jurisdictions use English 27%common law Judges and legal advisors to tribunals Barristers can be counsel to tribunals or inquiries, using their expert knowledge to assist the judges with the facts. Many barristers also hold judicial or quasi-judicial positions which train them to consider cases from another perspective, for example, chairing sports disciplinary tribunals. 5

8 Working as part of a team Clients frequently retain barristers to work together as a team, often alongside other legal professionals. Barristers are flexible in their working methods and are used to working as part of a team with their clients and other legal advisers. Sometimes a barrister will provide specific advice and assistance as required, and sometimes a barrister s role is to lead the team. Queen s Counsel (QC) will generally lead a team in the conduct of substantial litigation or arbitration. QC is a mark of professional excellence. There are over 12,600 barristers in selfemployed practice in England and Wales, but only just over 1,600 QCs. To become a QC, a barrister must go through a rigorous and transparent selection process. The mark of a QC is recognition that a barrister has achieved the highest standards of oral and advisory advocacy. Acted for international development companies pursued by the World Bank s Integrity Vice Presidency in Washington DC in allegations of sanctionable practices including fraud and corruption. 6

9 Why England and Wales? English law is a highly developed system which offers a greater degree of legal certainty than most others. It is based on precedent and relies upon previous decisions. Therefore, it is usually possible to find answers under English law to the particular legal questions that arise with reference to decided cases and the reasoning applied in those cases. Some 27% of the world s legal jurisdictions use English common law. In addition, aspects of our domestic legislation, such as the Proceeds of Crime Act 2002 and the Bribery Act 2010, have a global reach which, coupled with our international treaty obligations, mean that barristers often deal with consequential criminal /quasi-criminal issues. Therefore, many clients and their international legal advisers find themselves either litigating or resolving such cases in England and Wales. Why England and Wales? The reputation of our judiciary and legal professionals make London the destination of choice for international dispute resolution. This is evidenced by the fact that around 80% of cases in the Commercial Court have at least one party from abroad whereas around 50% of cases have no connection to England and Wales other than the choice of the parties to resolve their dispute in this jurisdiction. Specialist judges and court facilities One of the main advantages of London to international parties is its judiciary. It is drawn from the most experienced practitioners, and has an established and world-wide reputation for efficiency and speed, consistency and incorruptibility. English and Welsh judges are used to receiving and evaluating evidence against other systems of law, where a dispute is to be decided in England and Wales, wholly or partially applying another system of law. 7

10 Some specialist areas of criminal barristers Bribery and corruption The Bribery Act 2010, which came in to force from July 2011, has had a far-reaching to bribery. It has had a significant global effect on corporate behaviour and duties. Barristers are well-placed to help companies install appropriate systems to meet the adequate procedures defence of alleged corporate offences. They can also advise on training and policy issues well before any criminal issues or proceedings are contemplated. Barristers advise individuals and companies from the earliest stages on how to deal with corruption for example: whether to self-report; how best to meet criminal allegations from pre-interview to post-conviction, including how to deal with plea agreements and civil penalties. Furthermore, barristers can often advise on foreign corruption legislation, including the United States Foreign Corrupt Practices Act and other local laws, as compared with the English and Welsh position. Barristers can use their advocacy skills for clients caught up in corruption allegations Chambers Criminal and civil fraud The English and Welsh law on criminal fraud is now less complex and more wide-ranging in its jurisdictional reach than before. Criminal fraud requires a carefully-managed strategy to avoid and minimize the fallout from proceedings. Civil fraud is also an area in which the Bar can help e.g. with recovery of stolen or defrauded assets. 8 By advising on case management issues, such as where best to start proceedings, how to overcome service problems, documentation including pleadings and the planned defence of claims, barristers can provide extremely successful results.

11 Extradition The increasingly transnational nature of complex crime, and the opening-up of borders worldwide, has led to huge demand for the extradition from one state to another of individuals accused or convicted of criminal conduct. English and Welsh barristers practising in this specialist field advise and act on behalf of individuals and foreign states in connection with extradition requests both to and from the UK. Since extradition proceedings in many current and former Commonwealth countries are governed by English and Welsh legislation, barristers also receive instructions in those jurisdictions, including on appeal to the Judicial Committee of the Privy Council in London. Financial regulation Since 2008, the regulation of financial institutions has dominated the headlines and Government policy. Regulators remain keen to exercise greater control and impose more rigorous penalties, making compliance with the regulatory framework essential. Cross-jurisdictional co-operation between regulatory bodies is now commonplace. With London at the heart of the global financial industry, English and Welsh barristers are especially well-placed to act and advise in this area, and they are used to running or joining multi-disciplinary teams of accountants, solicitors and specialist counsel. As independent lawyers, barristers are of particular use advising in cases of actual or suspected non-compliance. Frequently barristers will have a unique insight into the workings of a regulator because they can act for, as well as against, regulatory bodies. Specialist areas of criminal barristers International criminal tribunals Barristers have been prominent in appearing in the most serious war crimes in the international criminal courts and tribunals from the International Criminal Court to the International Criminal Tribunals for Rwanda and Yugoslavia, as well as Special Courts in foreign countries such as Lebanon. English and Welsh barristers are currently involved in prosecution, defence and victim teams, both in lead advocate and more junior roles. As part of the Bar Council s international remit is to support the Rule of Law, it is no surprise that many leading barristers choose this challenging but important work. 9

12 Money laundering Money laundering is the passing of criminal property through various forms or ownerships in order to hide its criminal origins or to enable it to be used in further criminal enterprises. Barristers regularly advise on aspects such as transnational jurisdiction issues, complex gift or corporate structures and the comparative laws of different nations in this area. Many barristers have been instructed to appear before courts in other jurisdictions with common law or civil codes, to deal with problems caused by money laundering. This is because they are experienced in analysing legal texts and applying them in an international context. Barristers are familiar with tax haven jurisdictions and their money laundering regimes compared with those in England and Wales, and they can also help with the money laundering consequences of other criminal offences or civil wrongdoings. Other regulation In an increasingly risk averse climate, regulation is on the increase. Professionals and the entities for which they work are often unable to provide services in a particular sector (for example legal, medical or financial) unless they meet the requirements set by the relevant professional body. Conversely, if complaints or other problems arise, the professional body can restrict or remove the right to practise with very serious consequences for the professional concerned. Barristers have a long history of providing advice and representation in such regulatory/disciplinary proceedings and are widely respected for their skill and ability in testing evidence and presenting argument in them. They are able to draw on that experience not only to assist those who might be looking to practise or in difficulties in England and Wales, but also to advise legal teams and others abroad on the approach to any proceedings where witnesses have to be questioned and arguments presented, regardless of where those proceedings might take place. Sporting disputes 10 Barristers from England and Wales act in a range of disputes in courts and arbitration proceedings, covering a wide range of sports from athletics to Formula 1, football or weightlifting. They can advise and represent clients facing disciplinary proceedings concerning sporting misconduct through to drug misuse. They appear in cases involving contractual disputes between players and clubs, and between clubs and governing bodies. They also appear in claims arising out of injuries which threaten careers. With the growth of financial rewards in sport, the need for expert and informed representation has never been greater.

13 How to instruct the right barrister International lawyers and clients can instruct barristers easily and directly, without the use of a domestic law firm. This enables foreign lawyers direct access to a legal specialist without the need to lose time or incur expense through an intermediate English or Welsh lawyer. Full details of the rules governing international direct access to the Bar can be found at: barcouncil.org.uk/using-a-barrister/how-to-instruct-a-barrister/. To facilitate this direct access, the Bar Council has launched a third-party escrow account service, called BARCO, which manages the funds to facilitate on-going legal services provided by lawyers in England and Wales. This development has made it easier than ever before to work with the Bar. For more information, please visit: uk/supporting-the-bar/barco/. Barristers are still largely instructed via domestic law firms. The Bar Council produces several brochures for international clients: visit You can also view the Bar Council List of Mediators, available at: uk/using-a-barrister/find-a-barrister/mediation-directory/. The next section features advertisements from sets of chambers that specialise in international criminal and regulatory work. You can go to the chambers websites to get more information and ascertain a barrister s availability through the barristers clerks. The clerks/practice managers will be able to provide approximate costs and any further information that you need. 11

14 Registration List of barristers chambers Sets of chambers which specialise in various aspects of international work are listed below. 1 7 Bedford Row 13 Blackstone Chambers 13 Bretton Woods Law 14 Charter Chambers 14 Church Court 15 Crown Office Chambers 15 Garden Court International 16 6 KBW KBW King s Bench Walk 17 Landmark Chambers 18 Matrix International 18 3 Paper Buildings 19 Six Pump Court 19 Temple Garden Chambers 20 Three Raymond Buildings members of the Bar now receive instructions from abroad 12 1 Chambers listed have contributed to the cost of producing this publication.

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23 For further information, contact the International team E: T: +44 (0)

24 Exhibition and Sponsorship Integrity. Excellence. Justice. The Bar Council represents barristers in England and Wales. It promotes: The Bar s high quality specialist advocacy and advisory services Fair access to justice for all The highest standards of ethics, equality and diversity across the profession, and The development of business opportunities for barristers at home and abroad. The Bar Council Integrity. Excellence. Justice. 22

Barristers in the international legal market

Barristers in the international legal market The Bar Council Integrity Excellence Justice How barristers can help Why England and Wales? List of barristers chambers Specialist Bar Associations Introduction