The future of the lawyer
In this 21st century our profession must face up to strong challenges
The evolution in transport and telecommunications has created an admirable world of new international exchange. However, this new world is darkened by a shadow of man’s making on a global scale. Phenomena such as terrorism and cross-border crime, although perpetrated by small groups, have an impact that knows no borders.
The migration of populations as a consequence of the coming down of borders has led to the possibility of reducing hunger and poverty. However, this new world has immediately given rise to a large-scale degeneration in civilization, with the return of slavery and other shocking examples of Man exploiting Man, which are yet to be adequately controlled and which are very poorly legislated.
The Right to War and Peace has blurred into an unequal battle between Nations, and between States and non-government groups, where nobody declares War and nobody signs Peace accords.
However, as yet no alternatives have been formulated to such important contributions towards the advancement of civilization as the conventions on the treatment of prisoners of war or the treatment of civilians when Force prevails over Peace.
The Internet was born as a supra-spatial and supra-temporal meeting and exchange facility. However, it has increasingly been transformed from a space of freedom into a dissemination tool of disrespect for the most basic rules of intersubjectivity, for a few to the detriment of all.
Biotechnology has created the hope of surpassing the physical limitations of the human body. However, today it is commonly used for the most despicable experimentation with complete disregard for Life, often taking advantage of lack of regulation that could easily be drawn up in the light of basic principles shared by the world community.
The use of computing by Law professionals enables problems to be overcome with respect to legislation pollution. However, appropriate training is rare, even among the young, to enable these tools to be fully profited from in the hands of Law professionals at the service of citizens, companies and administration.
The average age of lawyers has been decreasing as their number increases. However, there are too few forums tapping into this enormous potential for the common good of our profession deriving from in the fact that there are practising lawyers aged 20, 30, 40, 50, 60, 70 or more.
The International Criminal Court emerged as a beacon of hope. However, the International Criminal Bar and the status of independence and functional irresponsibility of the lawyer, on an equal footing, still face stumbling blocks on its tenacious route forward.
The World Trade Organisation represents the Law in International Trade. However, the social and non-commercial functions of law practice, serving alike the interest of the public and individuals involved in international trade, is not yet duly implemented.
The voice of International Law has increasingly been gaining volume in the fight for the pacific affirmation of respect for the Other and for the Human Rights. However, this voice is regulated by a 20th-century legal framework and as such is often served by instruments that are out of tune with the realities of the 21st century.
The UIA, in order to achieve the goals outlined in its statutes, has to face up to these and other strong challenges. Open to reality and change but fortified by our consolidated professional ethics.
Join us for the debate at The Future of the Lawyer commission.
Luis Miguel Novais, president of the commission
