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Many solicitors are now involved in international practice to some extent. The Law Society publication, A Guide to Professional Conduct of Solicitors in Ireland (2nd edition), deals with the matter of conduct in international practice. This section has recently been reviewed and updated with the assistance of the members of the EU and International Affairs Committee. This is published below for the assistance of solicitors.

11.1 Relevance for all Lawyers

Proper professional conduct is relevant not only in national practice but also in international practice. Solicitors in this jurisdiction have contact through their practices with lawyers in other jurisdictions. Proper conduct in these situations has been outlined in codes adopted by the International Bar Association and by CCBE, the association of bars and law societies of Europe. The International Bar Association’s International Code of Ethics, the most recent edition of which dates from 1988, provides a basic code of ethics to guide lawyers when undertaking professional work outside their home jurisdictions and when providing services to or requesting services from lawyers in other jurisdictions. The current code of the CCBE, The Code of Conduct for European Lawyers, was adopted in 1999 and is recognised as the expression of consensus of all the bars and law societies of the EU and the EEA on the rules that apply to lawyers from the EU and the EEA in carrying on cross-border practices, including in respect of: (i) all professional contacts with lawyers of member states other than the lawyer’s own, and (ii) the professional activities of the lawyer in a member state other than his or her own, whether or not the lawyer is physically present in that member state. Both codes have as their basis the principles of good conduct common to all lawyers.1

11.2 Relations between Lawyers

A solicitor should recognise all other lawyers as professional colleagues and act fairly and courteously towards them.

11.3 Complaints against Lawyers in Another Jurisdiction

A solicitor should not commence any form of proceedings against any solicitor/lawyer in another jurisdiction concerning a matter of professional conduct without first informing the bar or law society to which the other lawyer belongs, for the purpose of allowing that body an opportunity to assist in reaching a settlement of the matter. However, if a settlement is not reached within a reasonable period, the solicitor may institute such proceedings as he deems necessary. This recommendation is subject to the client’s position not being prejudiced by this procedure. 2 11.4 Foreign agents’ fees A solicitor who instructs a lawyer outside the jurisdiction is personally liable to pay all fees reasonably and properly incurred by that lawyer unless there has been an express agreement that the solicitor is not to be made personally liable. The alternative is for the solicitor to advise the client to employ a foreign lawyer directly and to give assistance to the client in locating a lawyer.3 11.5 EU Directive on Services The EU Directive on Services covers a situation where a lawyer with an office established in one member state (the home state) provides legal services in another (the host state) on an occasional or temporary basis without actually establishing an office there. When engaged in activities relating to the representation of a client in legal proceedings or before public authorities, the lawyer is subject to the rules of professional conduct of the host state. In pursuing other activities, however, the lawyer is subject to the rules of professional conduct of the home state, but without prejudice to respect for the rules of the host state. The latter’s rules are applicable only if they are capable of being observed by the lawyer and the extent to which their observance is “objectively justified to ensure, in the state, the proper exercise of a lawyer’s activity, the standing of the profession and respect for the rules concerning incompatibility”.4

11.6 EU Directive on Establishment

 In December 1998, the EU adopted a directive, referred to as the Establishment Directive, which aims to facilitate a lawyer from one member state practising on a permanent basis in another member state. The directive deals with the matter of rules of professional conduct. It provides that a lawyer practising under his home state professional title in a host state shall be subject to the same rules of professional conduct as lawyers practising under the relevant professional title of the host state in respect of all the activities the lawyer pursues in its territory.

Footnotes
1 International Code of Ethics, International Bar Association, 1988. See appendix 3. Code of Conduct for European Lawyers, CCBE, 1999. This code of conduct was originally adopted in the CCBE plenary session held on 28 October 1988, and subsequently amended during the CCBE plenary sessions on 28 November 1998, 6 December 2002 and 19 May 2006. See appendix 2. 2 Code of Conduct for Lawyers in the European Community, CCBE, 1999, clause 5.9. See appendix 2. 3 Code of Conduct for Lawyers in the European Community, CCBE, 1999, clause 5.7. See appendix 2. International Code of Ethics, International Bar Association, 1988, rule 19. See appendix 3. ‘Foreign Agents Fees 50,000 – You Pay’, Practice Note, Gazette, April/May 1996. 4 Council Directive No 77/249 (EEC). SI No 58 of 1979. European Communities (Freedom to Provide Services) (Lawyers) Regulations 1979. SI No 197 of 1981. European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations 1981. SI No 226 of 1986. European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations 1986. 5 EU Directive on Establishment (98/EC), article 6(1) and article 7.