Monday, 04 July 2011 10:17

The ties that unite US and Iberian lawyers

American_Bar_Association_Stephen_N_ZackLawyers have a vital role to play in uniting and unifying legal systems, facilitating business and overcoming artificial barriers to justice, says ABA President Stephen N Zack

A medida que los abogados aprenden idiomas, ordenamientos jurídicos y otros sistemas deontológicos, se rompen las viejas barreras para realizar negocios internacionales. Ello es especialmente evidente entre los abogados españoles y estadounidenses, que en gran medida tienen una historia común, dice Stephen N Zack, Presidente de la American Bar Association.

It’s been 500 years since Spanish leaders first explored Florida, but today the ties between Spain and my home city of Miami are more obvious than ever. Walking down Brickell Avenue, lined with the names of Spanish financial and business interests, you might think you are on the Paseo de la Castellana or Avinguda Diagonal.
Miami is a great international city, a major American metropolis, and the gateway to Latin America. It is representative of the increasingly connected and diverse world in which we live that I am the first Hispanic president of the American Bar Association. My family is from Cuba, and my background is increasingly common in today’s America, where 16 percent of the current population is Hispanic.
The city is also known for its ties to Spain and Latin America, and a large Hispanic-American population. But today you’ll hear Spanish spoken in US cities large and small, as many Americans have learned or are learning to speak Spanish as a second language. And international business is becoming as common and easy to accomplish in cities like Memphis and Chicago as it has been in Miami and New York.
Our legal systems are different, but the global economy has led to increasing interaction between the two. The US common law system is based on legal precedent, so cases centre around two sides presenting arguments about whose position best represents the correct interpretation of the law. A judge or jury then issues a decision.
American litigators like me take part in fascinating, demanding trials that require intense preparation and research in order to adequately make our case and ensure our argument explains its basis in prior rulings.
Unfortunately, these days a serious concern is how quickly a US court can consider a case. Courts are being overwhelmed by the “perfect storm” of higher demand for services, combined with budget problems tied in part to the economic downturn.
Most states are allocating two percent or less of their annual budget to fund their court systems. Court operations are sometimes moving at a crawl, and the result is that businesses often are turning to “private justice” — methods outside the courts — to resolve disputes. Mediation, arbitration and private judging are all growing trends in the United States.
The ABA strongly supports using a variety of approaches to resolve disputes. But we must also protect our jury system, and fair and fast access to our courts. Fortunately, two of America’s highest profile lawyers have come together to address this issue.
David Boies and Ted Olson, once antagonists in the Bush v. Gore case, are today working together as Chairs of the ABA Task Force on Preservation of the Justice System. We want the US system to remain a model of judicial impartiality and fairness. The ABA effort will lead
the way.
The ABA also will lead the modernisation of US legal ethics rules to reflect an increasingly borderless world. The ABA Commission on Ethics 20/20 has been working for two years and just released its first round of recommendations on changes to US model ethics rules.
The Commission was created in 2009, and charged with performing a thorough review of the ABA Model Rules of Professional Conduct and the US system of lawyer regulation in the context of advances in technology and global legal practice developments.
These changes anticipate a global practice of law and cover a range of issues, including rules governing inbound foreign lawyers. We invite you to review and comment on these proposals at
Old barriers to doing business are falling as we continue to better understand each other’s cultures, legal systems, and ethical obligations. We have a shared history, and can look to a bright future in which Spanish and US lawyers will work as a team on business in North America, South America, Europe—and around the world.

The Latin American Lawyer
N.22 • November 2021

IL98 cover SP IL94 cover EN

Iberian Lawyer
N.109 • November 2021

IL98 cover SP IL94 cover EN

IBLLabourAwardsPortugal 202112 300x250 Finalists

UIAMadrid 300x100

IL LatamAwards STD 300x100 1

UIAMadrid 300x100

IL LatamAwards STD 300x100 1

IL LatamAwards STD 300x100 1

IpTmtAwardsSpain 2021 300x100 finalists 1

IL LatamAwards STD 300x100 1

IPTMTAwardsPT 2021 300x250 Vincitori

This website uses cookies

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we'll assume that you are happy to receive all cookies on the IberianLawyer website. However, you can change your cookie settings at any time. Learn more

I agree

What do I need to know about cookies?

A cookie is a small text file that’s stored on your computer or mobile device when you visit a website. We use them to:

  • Remember your preferences
  • Tailor our sites to your interests.

There are different types of cookies

First party cookies

These are set by the website you’re visiting. And only that website can read them.  In addition, a website might use a separate company to analyse how people are using their site. And this separate company will set their own cookie to do this.

Third party cookies

These are set by someone other than the owner of the website you’re visiting. 

Some IberianLawyer web pages may also contain content from other sites like Vimeo or Flickr, which may set their own cookies. Also, if you Share a link to a IberianLawyer page, the service you share it on (e.g. Facebook) may set a cookie on your browser.

The IberianLawyer has no control over third party cookies.

Advertising cookies

Some websites use advertising networks to show you specially targeted adverts when you visit. These networks may also be able to track your browsing across different sites.

IberianLawyer site do use advertising cookies but they won’t track your browsing outside the IberianLawyer.

Session cookies

These are stored while you’re browsing. They get deleted from your device when you close your browser e.g. Internet Explorer or Safari.

Persistent cookies

These are saved on your computer. So they don’t get deleted when you close your browser.

We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.

Other tracking technologies

Some sites use things like web beacons, clear GIFs, page tags and web bugs to understand how people are using them and target advertising at people.

They usually take the form of a small, transparent image, which is embedded in a web page or email. They work with cookies and capture data like your IP address, when you viewed the page or email, what device you were using and where you were.

How does the Iberian Lawyer use cookies?

We use different types of cookies for different things, such as:

  • Analysing how you use the IberianLawyer
  • Giving you a better, more personalised experience
  • Recognising when you’ve signed in

Strictly Necessary cookies

These cookies let you use all the different parts of Iberian Lawyer. Without them services that you have asked for cannot be provided.

Some examples of how we use these cookies are:

  • Signing into the IberianLawyer
  • Remembering previous actions such as text entered into a registration form when navigating back to a page in the same session
  • Remembering security settings which restrict access to certain content.

Performance cookies

These help us understand how people are using the IberianLawyer online, so we can make it better. And they let us try out different ideas.
We sometimes get other companies to analyse how people are using the IberianLawyer online. These companies may set their own performance cookies You can opt out of these cookies here.Some examples of how we use these cookies are:

  • To collect information about which web pages visitors go to most often so we can improve the online experience
  • Error management to make sure that the website is working properly
  • Testing designs to help improve the look and feel of the website.
Cookie nameWhat it's for
Google DoubleClick The IberianLawyer uses Google DoubleClick to measure the effectiveness of its online marketing campaigns.Opt-out of DoubleClick cookies
Google Analytics From time to time some IberianLawyer online services, including mobile apps, use Google Analytics. This is a web analytics service provided by Google, Inc. Google Analytics sets a cookie in order to evaluate use of those services and compile a report for us.Opt-out of Google Analytics cookies