Lawyer in sphere of trade

The Ministry of Education of Kyrgyz republic, American University of Central Asia

International and business law department

In a subject “Legal writing”

Choosing a legal profession: lawyer in sphere of trade

Checked by: Iskakova Gulnara Tentievna,

professor of IBL department

Done by: Sulaimanov Nursultan Bakytbekovich,

student of IBL 109

November 23, 2009

Table of Contents:

Introduction

A. Why did I choose the theme “lawyer in sphere of trade

About what I want to talk in my academic research

Steps that I will undertake in order to become a lawyer in sphere of trade

D. Lawyer

International trade law

Trade lawyer his activities, where he can work

Important qualities for trade lawyer (skills, values, principles)

Conclusion

References

Introduction:

Why did I choose the theme “lawyer in sphere of trade”

The good lawyer is the grate salesman.

Janet Reno

With beginning of scientific and technical progress, began process of globalization, and integration between countries all over the world. As chain reaction on scientific and technical progress, quickly starts to develop world trade. Year after year, more and more countries get involved in this process, began appear transnational corporations and trade cartels. As result of this began take places conflicts during making and realization of contracts between transnational corporations, trade cartels or even between countries in sphere of trade. All time I interested and wanted to work in this sphere. That is why I have chosen the theme “lawyer in sphere of trade” for my academic research.

In my academic research I want to talk about:

- What is it to be a lawyer

- How to work as a lawyer in sphere of trade (what valuable skills a lawyer has to have.)

- Where trade lawyer can work

Steps that I will undertake in order to become a lawyer in sphere of trade:

I will undertake several steps in order to become a lawyer in sphere of trade.

Firstly, I will get bachelors degree in the American University of Central Asia. Not only studying the only sphere of law, but also hooking other spheres like for instance, economics. Then I will continue my education in order to get masters degree. I think it is really important for my future career to get good and systematic education. That is why I want to learn about my future profession everything, and for me every piece of information is important.

Secondly, at the same time, I will practice in law firms in order to improve and learn new skills of a lawyer. I think the more I practice, the more experience and knowledge I will get.

Finally, I will begin to work in high paid international trade corporation where I will use my knowledge in international and business law, and my experience. Of course, during my activities as a lawyer in the sphere of trade I will make my own contribution to development of legal and economic system of Kyrgyzstan.

Lawyer:

From the ancient times lawyers kept peace, and stability in the world. The mission of lawyer is unique. It is overall objective that the law and human rights were not broken and that the law always triumphed. A lawyer, according to Black's Law Dictionary, is “a person learned in the law, as an attorney, counselor or solicitor; a person licensed to practice law.”¹ Working as a lawyer involves practical application of abstract legal theories and knowledge to solve specific individualized problems or to advance the interests of those who retain lawyers to perform legal services.

The law is of course a public profession but only in very special sense. It is not that lawyers are some superior breed of dedicated people. Lawyers as a group are no more dedicated to justice or public service than a private public utility is dedicated to giving light. It just happens that for a variety of personal reasons, lawyers, like the private public utility have chosen to engage in an occupation that more than others are "affected with a public interest."

So that, the public interest is so great in seeing to it that the role is properly performed, lawyers are obliged to pursue their work according to certain standards of competence, dispassion, and faithfulness. Lawyers accept those standards because that is the only way they may be lawyers; they are not lawyers so they may be competent, dispassionate, and faithful.²

International trade law:

International economic law, broadly conceived, is a field of international law that encompasses both the conduct of sovereign states in international economic relations, and the conduct of private parties involved in cross-border economic and business transactions. This includes, among other things, international trade law, law of international financial institutions (or what is known as international financial law and traditional private international law fields).

International trade law is one of the most developed forms of international economic law. International trade law includes the appropriate rules and customs for handling trade between countries or between private companies across borders. Over the past twenty years, it has become one of the fastest growing areas of international law. There is some debate, however, over whether "international trade law" can truly be considered "law." International trade law should be distinguished from the broader field of international economic law. The latter could be said to encompass not only World Trade Organization law but also law governing the international monetary system and currency regulation, as well as the law of international development. The body of rules for transnational trade in the 21st century derives from medieval commercial laws called the “lex mercatoria” and “lex maritime” -- respectively, "the law for merchants on land" and "the law for merchants on sea." Modern trade law (extending beyond bilateral treaties) began shortly after the Second World War and after Bretton Woods and the establishment of the United Nations (1945) a charter to create an International Trade

Organization was drafted in Havana, Cuba with the negotiation of a multilateral treaty to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT).³

International trade law is based on theories of economic liberalism developed in Europe and later the United States from the 18th century onwards. In essence, it is concerned with flow of goods and services across frontiers. The subject itself divides into public law and private law sphere. In the private sphere, the lawyer is concerned with contractual questions of jurisdiction and problems arising from choice of law clauses and methods of dispute resolution. In its public international law aspect, it is concerned with the circumstances in which a state my impress the quantitative restrictions or tariffs and the extent to which it can discriminate in favor of particular states. Related to this is the political argument that open, free and non-discriminatory trade promotes good relations between states and is itself conductive to peace: such an argument draws upon the economic principle of comparative advantage traceable to David Ricardo which holds that international trade is itself an engine of economic growth. One of lessons learned from the economic depression of the 1920s and 1930s was that the post-war world would benefit from steps taken to promote international trade.⁴

Trade lawyer, his activities:

In most countries, particularly civil law countries, there has been a tradition of giving many legal tasks to a variety of civil law notaries, clerks, and scriveners. These countries do not have "lawyers" in the American sense, insofar as that term refers to a single type of general-purpose legal services provider; rather, their legal professions consist of a large number of different kinds of law-trained persons, known as jurists, of which only some are advocates who are licensed to practice in the courts. It is difficult to formulate accurate generalizations that cover all the countries with multiple legal professions because each country has traditionally had its own peculiar method of dividing up legal work among all its different types of legal professionals.⁵

For the commercial organization (in need of a legal aid) first of all, it is necessary to avoid two extreme measures:

· The first is to address to lawyers when the thunder has already burst;

· The second is to take for work of the regular legal adviser.

Both variants - on different poles, but them are united by equally low economic efficiency at the high cost price.

In the first case, as a rule, correction of errors manages repeatedly more expensively then making them. In the second it is necessary to take into consideration, that the regular employee is not only the salary, but also the workplace organization, and a so-called social package, and necessity of the constant control... Thus frequently quality of its work low because there is not enough experience also is not present stimulus to work on result.

Cost of the maintenance of the skilled lawyer makes $900-1800 in a month and to save here it is heavy: as you will pay - such work and you will receive.

It is obvious that much more effectively and more economically to involve professional legal firm for the decision of questions on the most important directions. Cost of such services fluctuates from $150 to $700 month, and quality of work, at least, 10 times more. Problems really dare, instead of there is a process of their decision.

· What directions the most important?

They can be broken into two groups:

· Realization of perspective projects of development.

For example, one client has placed following priorities.

In group of problems: taxation optimization (as it was necessary to pay unfairly big taxes which as it was found out, it is possible to lower absolutely lawfully), the organization of competent contractual work (as very often arose conflicts to suppliers and buyers which could be avoided), effective regulation of labor relations with workers.

Next, solving problems from group the firm was engaged in the coordination with administration of a city of the documentation on the ground area under building of a trading complex, and also registration of certificates on the property on objects of the real estate belonging to the client. The estimated cost of similar amount of works makes from $350 to $600 a month but in three months economic benefit has blocked expenses 10 times.

If the businessman is yet ready to place priorities here again, it will be helped by lawyers, having booked so-called legal audit that is have been revealed and have been designated the most important sites of work. As a rule, this service is included into the general package and it is not necessary to pay for it separately.

At last, essentially important correctly to choose legal firm.

In most civil law countries, lawyers generally structure their legal education around their chosen specialty; the boundaries between different types of lawyers are carefully defined and hard to cross. After one earns a law degree, career mobility may be severely constrained. For example, unlike their American counterparts, it is difficult for German judges to leave the bench and become advocates in private practice. Another interesting example is France, where for much of the 20th century, all judiciary officials were graduates of an elite professional school for judges. Although the French judiciary has begun experimenting with the Anglo-American model of appointing judges from accomplished advocates, the few advocates who have actually joined the bench this way are looked down upon by their colleagues who have taken the traditional route to judicial office. In a few civil law countries, such as Sweden the legal profession is not rigorously bifurcated and everyone within it can easily change roles and arenas.⁶ In many countries, lawyers are general practitioners who will take almost any kind of case that walks in the door. In others, there has been a tendency since the start of the 20th century for lawyers to specialize early in their careers. In countries where specialization is prevalent, many lawyers specialize in representing one side in one particular area of the law; thus, it is common in the United States to hear of plaintiffs' personal injury attorneys.

Where trade lawyer can work:

Lawyers in sphere of trade can work in many types of world organizations and law firms. One of the best examples where lawyer in sphere of trade can work is World Trade Organization. There are a number of ways of looking at the WTO. It's an organization for liberalizing trade. It's a forum for governments to negotiate trade agreements. It's a place for them to settle trade disputes. It operates a system of trade rules. (But it's not Superman, just in case anyone thought it could solve -- or cause -- all the world's problems!). Essentially, the WTO is a place where member governments go, to try to sort out the trade problems they face with each other. The first step is to talk.

The WTO was born out of negotiations, and everything the WTO does is the result of negotiations. The bulk of the WTO's current work comes from the 1986-94 negotiations called the Uruguay Round and earlier negotiations under the General Agreement on Tariffs and Trade (GATT). The WTO is currently the host to new negotiations, under the “Doha Development Agenda” launched in 2001.Where countries have faced trade barriers and wanted them lowered, the negotiations have helped to liberalize trade. But the WTO is not just about liberalizing trade, and in some circumstances its rules support maintaining trade barriers -- for example to protect consumers or prevent the spread of disease.

The WTO began life on 1 January 1995, but its trading system is half a century older. Since 1948, the General Agreement on Tariffs and Trade (GATT) had provided the rules for the system. (The second WTO ministerial meeting, held in Geneva in May 1998, included a celebration of the 50th anniversary of the system.)It did not take long for the General Agreement to give birth to an unofficial, de facto international organization, also known informally as GATT. Over the years GATT evolved through several rounds of negotiations. The last and largest GATT round, was the Uruguay Round which lasted from 1986 to 1994 and led to the WTO's creation. Whereas GATT had mainly dealt with trade in goods, the WTO and its agreements now cover trade in services, and in traded inventions, creations and designs (intellectual property).⁷

Important qualities for trade lawyer:

In every profession, in order to become a real professional we need to have several qualities and skills. The profession of lawyer is not an exception. Before we explore the role of lawyer we, we should consider the profession itself within which the role exists. A traditional definition of what makes a professional includes the following attributes:

1. Technical knowledge and skill acquired through long education.

2. Highly complex nature of the knowledge and skill which makes it is impossible for the client or patient to understand or evaluate the service “at least until well after it has been performed” and, therefore, the service must be accepted ”on the basis of faith.”

3. Society assumes that the professional will place the vital interest of the client/patient above his own monetary gain or neurotic need for such things as power or manipulation or sex.

4. Self regulation.

Part two of the traditional definition of a profession, that the client takes the professional service on faith, can be usefully analyzed as the autonomy of the professional.

If the lawyer is autonomous, the profession regulates itself, and the client can not evaluate the service but must accept it “on faith,” then the client is very vulnerable. In the traditional view the abuse by professionals from their superior position is avoided because the professional puts his clients interest before his own and does his work, at least in part, out of pried so that he will be worthy member of the profession.

Conclusion

At the end of my academic research, I just want to say that my wish to become a lawyer in sphere of trade become stronger. I found answers for questions and information that I wanted to get to know. I understood what is it to be a lawyer and how do they do their job. It was very interesting to “explore the world of lawyers on the inside”, and understood what kind of disputes do the lawyers in sphere of trade settle and solve. It was interesting to realize in what kind of organizations and firms, lawyers in sphere of trade can work (i.e. I, in future), and what kind of qualities and skills should they have. I hope you will have enjoyed my academic research. Thank you for attention.

References:

¹ Henry Campbell Black, Black's Law Dictionary, 5^th ed. (St. Paul: West Publishing Co., 1979), 799

² James E. Moliterno, Ethics of the Lawyers Work, page 12 (1993)

³ www.en.wikipedia.org/wiki/international_trade_law

⁴John O'Brien, International Law, chapter 19 (2001)

⁵ www.wikipedia.org/wiki/lawyer

⁶Boigeol, “The Rise of Lawyers,” 202

⁷www.wto.org