Identifier
Created
Classification
Origin
08TBILISI1216
2008-07-15 13:22:00
UNCLASSIFIED
Embassy Tbilisi
Cable title:
LEGAL PROFESSION REFORM INDEX SHOWS GEORGIA'S
how-toVZCZCXRO7344 PP RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG DE RUEHSI #1216 1971322 ZNR UUUUU ZZH P 151322Z JUL 08 FM AMEMBASSY TBILISI TO RUEHC/SECSTATE WASHDC PRIORITY 9751 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE PRIORITY
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
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
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