Author: admin

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Meet with Cecilie Kjelland, until recently ECLA representative of the Norwegian Company Lawyers Association (Norges Juristforbund – Bedriftsjuristene), and now appointed as a member of the Executive Board at the last General Assembly on April 22 in Vilnius.

The Company Lawyers Association was established in 2010, but before that, the parent organization, Norges Juristforbund (Norwegian Lawyers Association), Private section, was in charge also of the company lawyers. Today, the Company Lawyers Association is a official   sub-group of the Norges Juristforbund (Norwegian Lawyers Association), Private section. NJB’s members are therefore legal professionals who work as in-house counsels in private and public companies and organizations.

However, she confirms us with pleasure: “Norwegian company lawyers keep their title as Advokat on the same conditions as lawyers generally do, and our  aim is of course that our European colleagues can get the same rights as external lawyers soon”.

The Association is primarily focused  on educational programs such as courses, classes and seminars on actual legal topics, as well as on networking. Cecilie, recently discussing with her Association’s members, can say – “People I have spoken to, express interest in participating in seminars covering legal issues of cross border interest, such as relevant EU legislation,  as the Safe Harbor decision, as corporate governance and similar topics”.

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We met in Copenhagen with Vilius Nikitinas, the president of B.I.T.A. (Bendrovių ir institucijų teisininkų asociacija) in Lithuania. Vilius is very proud to talk about his young Association, established in 2013, which joined ECLA in May 2014 during the ECLA General Assembly in Tallinn and host of the upcoming one on April 22.

B.I.T.A. counts at the moment 200 company lawyers and the association is growing slowly but constantly. From the president we understand B.I.T.A. is also very active in organizing events not only for their own members but also for external lawyers.

In order to improve the position of the company lawyers’ in his country, B.I.T.A   made some legislative suggestions to the Lithuanian government on how to better regulate  the profession of the company lawyer.

“Our association- explains Vilius – is a member of LVK, which is a ICC representative in Lithuania. This makes it possible for  B.I.T.A. to get news from this old organization and through LVK make suggestions. We also cooperate with the academic community, especially with the Law Faculty of the Vilnius University. The Vilnius University is highly respected and valued for its historical roots and academics.

Vilius has a doctoral degree in social science, works as a lecturer at the Vilniaus University Law Faculty and he published a book named “Transport law”.  In his business life Vilius works as a company lawyer for the “Lithuanian railways”. Vilius Nikitinas is a highly regarded Lithuanian railway representative in the European Union in Brussels.

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The Institute of Company Lawyers (Instituto dos Advogados de Empresa, I.A.E.), founded in 2002, is a functional subdivision of the Portuguese Bar Association (Ordem dos Advogados) with the purpose of providing specialized cooperation with the President and the General Counsels of the Portuguese Bar Association on all matters related to the representation, qualification and specific treatment of lawyers working in an employment relationship, public or private, on an exclusive or non-exclusive basis.

“The I.A.E. was specifically created in order to be aware of the multiple difficulties that company lawyers may encounter, while they are still bound by the ethical obligations established by the Bar Association´s Statutes”- explains the current President Dr. Marco Vieira Nunes – “They must abide the values of the legal profession such as freedom and independence”.

I.A.E. includes all company lawyers regularly enrolled in the Portuguese Bar Association, so they can participate in the various activities developed by the Institute.
In addition to the many  Bar’s events, the I.A.E. annually fosters a large number of different activities such  as organizing  conferences and seminars specifically fitting company lawyers’ needs, promoting an Annual Encounter on a national scale and holding surveys among company lawyers.
In complete harmony with ECLA’s mission, Dr. Marco Vieira Nunes can say with pleasure: “ The board members and I follow with great interest the activities developed by ECLA. In a global world and in the European Union legal context I strongly believe that the collaboration, the exchange of information and the sharing of experience and expertise  among ECLA’s members is fundamental,  as well as identifying common challenges for company lawyers”.

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The Czech Association, Unie podnikových právníků ČR (UPP ČR), established in 1990 upon obtaining membership of the majority of the company lawyers in the country, had a difficult start. Unfortunately, just after its foundation, the Czech Government established another organization called the “Chamber of Commercial Lawyers”, in which members benefited from legal privilege and were recognized by the law. This new organization then attracted most company lawyers, especially after the Chamber of Commercial Lawyers was absorbed by the Chamber of Advocates in 1996. UPP ČR lost many members and became rather inactive.

“But a fundamental step happened in 1999” Marie explains us with a radiant smile “When the Chairman of UPP ČR at that time was contacted by ECLA in order to help in the battle of achieving the legal privilege and became an ECLA member, the 1st among the central and eastern Europe Association.” The new millennium highlighted a new era in the Association’s life with new people in the board focusing on financial reinforcement, more activities such as legal seminars/conferences and  the launch of the institutional website which increased the membership and the visibility.

“I was elected as President in 2007 and developed UPP ČR further in order to make it become the most prestigious and well organization considered by the authorities in the Czech Republic representing the company lawyers. We organize twice a year important conferences in addition to smaller events and competition as The Company Lawyer of the Year” adds Marie with pleasure.  “Our members now are not only individuals with an employee contract, but also companies having internal legal departments. The position of company lawyers in our country is still not very positive although we keep battling together with ECLA for the professional legal privilege. This is why we believe strongly in ECLA’s capacity to achieve the same legal privilege as external lawyers as well as a networking tool for our members not only on common legal matters, but also to exchange the best practices”.

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During the General Assembly in Copenhagen we found a moment to get to know something more about this Association which is now 15 years old (just celebrated in May 2015) and represents in-house lawyers only. In May 2000 EEJÜ (Eesti Juristide Liidu Ettevõtlusjuristide Ühendus) was accepted as ECLA member. During these 15 years their members have grown from 20 to 250.

They have also prepared two ECLA General Assemblies in Tallinn, in 2000 and 2014.  On 29 May 2014 prior to ECLA  General Assembly, EEJÜ has cooperated with ECLA in organizing an international conference with the title “The position of company lawyers in the European Union”.  A big success for the association which is becoming more and more active, this under the roof organization Estonian Lawyers Union,  including all the Estonian lawyers with a law degree.

EEJÜ has indeed no own budget and all events are planned within Estonian Lawyers Union’s annual activity plan and budget.

Tiina explains- “Together we organize monthly conferences and seminars on new laws and hot legal topics, in addition to special events for members like one-week tour to some European countries to get an introduction to a  local legal system. Furthermore, each year we carry out an on-line questionnaire to get feedback from our members and ideas for enhancing our services.”

In the EEJÜ’s Annual General Assembly Tiina usually gives an overview of ECLA activities during the year. For the next Assembly Tiina has planned to get from the members input for the draft ECLA position paper on TTIP, being a hot topic in the last ECLA GA. She notices that the main expectations of the members  are related to strengthening the position of in-house lawyers and getting  for  company general counsels the legal privilege comparable with advocates. She adds that -“ It is also good to know that contacts of other ECLA member countries colleagues are available and appreciated. Link to  ECLA webpage is on EEJÜ webpage”.

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