European Company Lawyers Association

European Company Lawyers Association

Formation	1983
Type	International umbrella association of European national associations of company lawyers
Headquarters	Rue des Sols 8, 1000 Brussels, Belgium
Location	Brussels, Belgium
President	Jonathan Marsh
Key people	Executive Board
Website	www.ecla.eu

The European Company Lawyers Association (ECLA) is the umbrella organization of national associations of company lawyers in Europe.^[1] Since its foundation in 1983, ECLA has gained recognition as the leading European association for company lawyers.^[2] ECLA is a non-governmental and a non-profit organisation.^[3] ECLA provides an ideal structure for observation of the development of the profession across Europe and offers a platform for discussion, networking and lobbying on the European level. The terms company lawyer, in-house counsel/lawyer, corporate counsel, business lawyer and juriste d’entreprise in the French language, are used synonymously. They all stand for a jurist employed as a lawyer within the legal department of a company.^[4]

History of ECLA

In 1980, an organisation of company lawyers in Belgium took the initiative to contact other similar organisations in the Netherlands, England and Wales, Germany, Italy and France. These organisations began exchanging experiences and best practices on legal matters with particular reference to international business and European laws affecting the activities of their respective companies.

At the same time, company lawyers realised that the legal status of their profession was not in all European countries identical. In the UK and Germany company lawyers could be admitted to the national Bar, or to other professional associations (such as the Law Society), while in Belgium, France and Italy that was not permitted. So there were various regimes for company lawyers in the various Member States.

In 1983, ECLA was formed in Belgium as a private non-profit international association following the decision in the A.M.&S. case by the Court of Justice in Luxembourg, which denied the legal professional privilege (LPP) to the company lawyers in an antitrust case.^[5]

By 1990, ECLA’s membership had grown significantly and included the organisations of company lawyers in Belgium, Denmark, Germany, Finland, France, Italy, the Netherlands, Scotland, England and Wales.

After 1999 national organisations of company lawyers from Central and Easter European associations of company lawyers were admitted to ECLA membership. ^[6]

ECLA celebrated the 30th anniversary of its existence in 2013 in Brussels. It was huge event with a large number of participants from the whole legal community, past and actual presidents and officers of ECLA and representatives from all National associations.

In 2014 ECLA presented its White Paper on the Independence of Company Lawyers.

The principal goals of ECLA

The principal goals of ECLA were the recognition and acceptance of the company lawyers' profession in Europe: two court decisions of the European Court of Justice were of paramount importance for ECLA, i.e. the A.M.& S case in 1982 and the AKZO Nobel case in 2010,^[7] both on the issue of professional legal privilege for company lawyers. The purpose of ECLA as laid down in the 1990 by-laws:^[8]

• the representation of its members at the international level, principally in Europe;
• the creation of centres for studies, documentation and contacts for the purpose of improving the exchange of professional information among the members;
• the organisation of meetings, conferences or seminars relating to legal matters;and
• the promotion of legal research.

In 1995 ECLA presented a position paper to the European institutions, especially the Commission’s DGIV, to attract their attention on the company lawyers’ status in Europe. It contained a description of the company lawyer’s role and function, insisting on the concept of independence, a description of ECLA and its members, and concluded with ECLA’s proposals, reported below in summary:^[9]

• the company lawyer,^[10] being subject to a code of professional ethics ^[11] and disciplinary rules, should be recognised as a branch of the legal profession, in its own right, by the authorities of the European Union and the Member States; (the ECLA Code of Ethics has been officially adopted by General Assembly in Tallin on 30 May 2014 with some common principles for practice of company lawyers in Europe).
• that the use of the title "company lawyer" should be protected and reserved to the holders of university qualifications at a common level throughout Europe;
• that the function of company lawyer should be capable of being freely exercised ^[12] under that title throughout Europe
• that the duties and rights of attorney-client privilege(or legal privilege) shall be clearly ascribed to company lawyers on the same basis as to other lawyers; / La confidentialite des avis des juristes d’enterprise
• that non-exclusive rights of audience for their company as existing in several Member States, be maintained and, where possible, extended to the same extent as for practising lawyers;
• that holders of the title of company lawyer who have performed that function should be free to join in a national bar or law society or notaries order; and
• that company lawyers should, under conditions to be determined be eligible for appointment to judicial functions in tribunals and courts having jurisdiction on commercial matters.

In house counsel at major corporations are emerging as corporate leaders.^[13]

Professional legal privilege documents

In-house lawyers - issues of ethics and independence (1997);^[14] Legal privilege versus secret professional (1997);^[15] Position paper - Legal privilege for in-house lawyers (1997);^[16] Position paper -updated - Commission´s proposal (2000);^[17] The case for in-house legal privilege in EC law (2001);^[18] Legal privilege before national competition authorities (2001);^[19] Human rights implication of privilege denial (2002);^[20] The situation of in-house counsel in member states - comparative tables (2003);^[21] Position paper as featured in Global Counsel - Modernisation of Competition Law (August 2003);^[22] The position of AFJE (French association) on Legal Confidentiality (2003);^[23] European Parliament Vote on the Merger Regulation & Legal Privilege (2003);^[24] Statement of the United States Council for international business, Protecting the confidentiality of communications between a corporation and a lawyer employed by the corporation, May 24, 2005;^[25] International Chamber of Commerce position paper : competition law and legal privilege June 16, 2006;^[26] In-House Counsel and the Attorney-Client Privilege - A Lex Mundi Multi-Jurisdictional Survey^[27] Legal Privilege Handbook 2013;^[28]

Member associations

• Belgium - Institut des juristes d’entreprise(IJE/IBJ);^[29]
• Croatia - Udruga korporativnih pravnika;^[30]
• Czech Republic - Unie Podnikových Právniků České republiky (UPPCR);^[31]
• Denmark - Danske Virksomhedjurister DVJ;^[32]
• England and Wales - The Law Society;^[33]
• Estonia - Eesti Juristide Liidu Ettevõtlusjuristide Uhendus (E.E.J.Ü.)^[34]
• Finland – Teollisuuslakimiesten Yhdistys ry/Industrijuristföreningen r.f.;^[35]
• France - Association Française des Juristes d’ Entreprise (AFJE);^[36]
• Germany - Arbeitsgemeinschaft der Syndikus Anwälte im Deutschen Anwaltverein;^[37]
• Ireland - The Law Society of Ireland;^[38]
• Italy - Associazione Italiana Giuristi di Impresa (AIGI);^[39]
• Lithuania - Bendrovių & institucijų teisinikų asociacija (B.I.T.A.);^[40]
• Norway - Norges Juristforbund, NJ-P Private Sector;^[41]
• Poland - Krajowa Izba Radców Prawnych (KIRP)L;^[42]
• Portugal - Instituto dos Advogados de Empresa;^[43]
• Spain - Seccion de Abogados de Empresa - Ilustre Colegio de Abogados de Madrid;^[44]
• Sweden - Bolagsjuristernas Förening (BJF);^[45]

References