LEGAL PROFESSION REFORM INDEX SHOWS GEORGIA'S

UNCLAS TBILISI 001216 SIPDIS DEPT FOR EUR/CARC E.O. 12958: N/A TAGS: PGOV PHUM PREL KDEM GG SUBJECT: LEGAL PROFESSION REFORM INDEX SHOWS GEORGIA'S SIGNIFICANT IMPROVEMENTS SINCE 2005 ¶1. (U) Summary and Comment: On July 10, the American Bar Association released the second volume of its Legal Profession Reform Index (LPRI) which assesses the performance of the legal profession in Georgia. Overall, there have been significant improvements since the first LPRI in 2005: out of 24 factors rated, 10 factors have improved, 11 remained the same, and two worsened. Notable positive developments include the creation of a Georgian Bar Association, and the commencement of activities along with the promulgation of the Code of Ethics for Advocates and establishment of an enforcement procedure. Another positive development was the recent adoption of the Law on Legal Aid, and creation of Legal Aid Bureaus in several cities. The two factors which deteriorated are access to clients, and lawyer-client confidentiality, reflecting an emerging challenge in the Georgian justice system of the exclusion of defense counsel from certain legal proceedings associated with the new plea bargaining process. The LPRI lists the passage of ex parte communications as a step forward, but does not mention the opening of the High School of Justice nor the passage of ethics for Judges. The Judicial Reform Index (JRI),due out in Fall 2008, will address issues associated with prosecutors and judges and these related achievements. End Summary and Comment. ¶2. (U) The LPRI is a survey instrument of 24 factors derived from international standards which are important to legal profession reform in emerging democracies. The index is the result of interviews with advocates (legal defense attorneys),members of the judiciary, government officials, NGOS and journalists throughout Georgia. The LPRI rates each of the 24 factors as Negative, Neutral or Positive. Of the ten factors which improved, five were upgraded from Negative to Neutral and five were upgraded from Neutral to Positive. Nine factors maintained the same Negative or Neutral ratings as in 2005, reflecting ongoing challenges resulting from the inquisitorial model, as a result of which advocates representing criminal defendants do not enjoy the same rights as the prosecution. A lack of financial and legal resources was reported throughout the country, especially outside of Tbilisi. The remaining two factors (professional immunity and formation of independent law practice) maintained the same positive ratings. The report can be found in its entirety at www.abanet.org/rol/publications/ legal profession reform index.shtml. TEFFT