Legal Profession Reform Index

Overview

As part of its mandate to help strengthen the role of lawyers in countries in transition, the ABA Rule of Law Initiative (ABA ROLI) created the Legal Profession Reform Index (LPRI) to assess the role of lawyers and the legal environment in which they operate. The LPRI employs a rigorous analysis of all relevant laws that regulate the legal profession and a key informant interview process that includes informal focus groups and structured interviews with lawyers, judges, prosecutors, other key government officials and representatives of nongovernmental organizations.

The LPRI is based on a series of 24 factors derived from internationally recognized standards for the legal profession developed by the United Nations and the Council of Europe. In addition, the LPRI factors draw on secondary sources from such organizations as the Organization for Security and Cooperation in Europe, Council of Bars and Law Societies of Europe, European Union and the ABA, and on more than 15 years of experience that ABA ROLI has accumulated in implementing international legal assistance programs.

The LPRI factors provide aspirational benchmarks in such critical areas as professional freedoms and guarantees; education, training and admission to the profession; conditions and standards of practice; legal services and professional associations. The LPRI is globally applicable and enables ABA ROLI, other legal assistance providers, legal reform and development specialists, the donor community and transitioning countries themselves to implement more effective legal reform programs and to monitor progress towards establishing a more ethical, effective and independent legal profession. The LPRI also provides researchers with hard-to-find information on legal reform in transitioning countries and serves as a springboard for initiatives in areas such as access to justice, human rights and other professional reform.

LPRI Factors

Section I: Professional Freedoms and Guarantees

Factor 1. Ability to Practice Law: Lawyers are able to practice without improper interference, intimidation, or sanction when acting in accordance with the standards of the profession.

Factor 2. Professional Immunity: Lawyers are not identified with their clients or their clients' causes and enjoy immunity for statements made in good faith on behalf of their clients during a proceeding.

Factor 3. Access to Clients: Lawyers have access to clients, especially those deprived of their liberty, and are provided adequate time and facilities for communications and preparation of a defense.

Factor 4. Lawyer-Client Confidentiality: The state recognizes and respects the confidentiality of professional communications and consultations between lawyers and their clients.

Factor 5. Access to Information: Lawyers have adequate access to information relevant to the representation of their clients, including information to which opposing counsel is privy (equality of arms).

Factor 6. Right of Audience: Lawyers who have the right to appear before judicial or administrative bodies on behalf of their clients are not refused that right and are treated equally by such bodies.

Section II: Education, Training and Admission to the Profession

Factor 7. Academic Requirements: Lawyers have a formal, university-level, legal education from academic institutions authorized to award degrees in law.

Factor 8. Preparation to Practice: Lawyers possess adequate knowledge, skills, and training to practice law upon completion of legal education.

Factor 9. Qualification Process: Admission to the profession of lawyer is based upon passing a fair, rigorous, and transparent examination and the completion of a supervised apprenticeship.

Factor 10. Licensing: Admission to the profession of lawyer is administered by an impartial body, and is subject to review by an independent and impartial judicial authority.

Factor 11. Non-Discriminatory Admission: Admission to the profession of lawyer is not denied for reasons of race, sex, sexual orientation, color, religion, political or other opinion, ethnic or social origin, membership in a national minority, property, birth, or physical disabilities.

Section III: Conditions and Standards of Practice

Factor 12. Formation of Independent Law Practice: Lawyers are able to practice law independently or in association with other lawyers.

Factor 13. Resources and Remuneration: Lawyers have access to legal information and other resources necessary to provide competent legal services and are adequately remunerated for these services.

Factor 14. Continuing Legal Education: Lawyers have access to continuing legal education to maintain and strengthen the skills and knowledge required by the profession of lawyer.

Factor 15. Minority and Gender Representation: Ethnic and religious minorities, as well as both genders, are adequately represented in the profession of lawyer.

Factor 16. Professional Ethics and Conduct: Codes and standards of professional ethics and conduct are established for and adhered to by lawyers.

Factor 17. Disciplinary Proceedings and Sanctions: Lawyers are subject to disciplinary proceedings and sanctions for violating standards and rules of the profession.

Section IV. Legal Services

Factor 18. Availibility of Legal Services: A sufficient number of qualified lawyers practice law in all regions of a country, so that all persons have adequate and timely access to legal services appropriate to their needs.

Factor 19. Legal Services for the Disadvantaged: Lawyers participate in special programs to ensure that all persons, especially the indigent and those deprived of their liberty, have effective access to legal services.

Factor 20. Alternative Dispute Resolution: Lawyers advise their clients on the existence and availability of mediation, arbitration, or similar alternatives to litigation.

Section V. Professional Associations

Factor 21. Organizational Governance and Independence: Professional associations of lawyers are self-governing, democratic, and independent from state authorities.

Factor 22. Member Services: Professional associations of lawyers actively promote the interests and independence of the profession, establish professional standards, and provide educational and other opportunities to their members.

Factor 23. Public Interest and Awareness Programs: Professional associations of lawyers support programs that educate and inform the public about its duties and rights under the law, as well as the lawyer's role in assisting the public in defending such rights.

Factor 24. Role of Law Reform: Professional associations of lawyers are actively involved in the country's law reform process.