It is important to bridge the communication gap to access more contents in the IBA. / Image credits: Carey.
Economic growth stagnation and high inflation rates are the greatest worries in the short run.
Strengthening the Rule of Law, defending the independence of the Judiciary, and avoiding politicization of courts of justice, are the most critical objectives for Latin America nowadays, believes Jaime Carey, managing partner of Chilean law firm Carey, who was also appointed Vice-President of the International Bar Association (IBA) for the next two years.
“I believe the greatest issue we face in Latin America is legal uncertainty. Whenever there is absence of clarity in the rules, or whenever it is unknown whether such rules will change, everything gets complicated.”
His is a trajectory of over 30 years in the IBA, the international organization that groups the highest number of lawyers worldwide.
LexLatin talked to Jaime Carey to delve into his role in the IBA, his next steps, the main legal challenges for
Latin America, and the way in which the foregoing fit in the targets of the international bar.
Latin American region
What was the reaction of the legal community in Chile upon your appointment in the IBA?
The reaction has been quite good within the Chilean legal community, and also in the region. It is important to keep the presence of Latin Americans in an international forum such as the IBA, just as done by Emilio Cárdenas, from Argentina; Fernando Peláez-Pier, from Venezuela, and Horacio Bernardes Neto, from Brazil.
I am now the Vice-President and —unless something bad or very strange happens— I should go on to preside the IBA in 2025, thus becoming the fourth Latin American in presiding over the organization. Holding these posts allows us to convey the Latin American standpoint within the IBA, taking into account the special characteristics our region has.
In IBA regional meetings, attended by more than 800 lawyers, those from North America and Europe often end up impressed by the friendly environment, camaraderie, and professional respect there is among members of the Latin community.
In a certain sense, I would say, we have managed to change the paradigm of Latin Americans as procrastinators: the Latin American forum has become more significant within the IBA, turning into one of the most relevant, by doing things correctly, in a timely manner, and evidencing a spirit of cooperation.
I believe we have rendered Latin America a projection within the IBA, and have gained a good reputation. That makes me glad.
Objectives
One of the priorities of the IBA for this period, presided by Almudena Arpón from Mendívil, is to heighten the contribution of the legal profession to society. What can your contribution be towards that goal? Is there an interest in the sector to achieve those objectives in the region?
For me, it is utterly important to increase the contribution of the legal profession to society. I believe that, through trade associations of lawyers, we must ensure —especially in Latin America— the strengthening of the
Rule of Law and the defence of independence of the Judiciary, as well as preventing its politicization, which -unfortunately- is happening in several of our countries. It is quite relevant for us, I believe, to raise our voice, from the IBA, for these objectives to be achieved.
Through the law firms and independent lawyers there may also be a very important task towards the enhancement of the perceptions about our profession. One way to do so is by means of pro bono work —which has become increasingly relevant in the region— because it is a form of contributing to society, assisting the impoverished population, and allowing them access to justice.
This, undoubtedly, helps elevate as well the perception about the legal practice.
How does the President help as regards the (5-objectives) agenda formulated for the IBA this year?
When Almudena structured her work plan, she did so in a joint manner, and she shared it with the vice-presidency.
Although, truth be told, two years (the duration of the presidency of the IBA) is not a long time and, hence, our main objective is to render continuity to her plan, we are coordinated as regards what we pursue: ensuring the continuity of that work plan in the long run.
Specifically, during this period as Vice-President of the IBA, I have devoted myself to help strengthening internal and external communications. There is a plan for the modernization of communications and leveraging the range of tools of digital offer. Likewise, I am focused on increasing membership and the participation of regions such as Africa and Asia, which have lagged a bit.
We want to set ourselves in such a way as to leverage technology in order to offer these regions more facilities for them to participate. For instance, for Asian lawyers language is often a barrier, so, with the tech tools we have nowadays for simultaneous translation, we can reach council members (who often do not speak English) of lawyer trade associations in an easier manner.
In conclusion, it is important to bridge the communicational gap in order to access more contents (conferences, presentations), and increase participation.
The challenges for this year
Which do you foresee becoming the main challenges for the sector of legal services in Latin America this year?
I believe the greatest issue we face in Latin America is legal uncertainty. Whenever there is absence of clarity in the rules, or whenever it is unknown whether they will change, everything gets complicated. For example, an environmental project is approved under a given regulation and, then, the project remains in a sort of grey area.
What worries foreign companies the most at the time of
investing somewhere is legal certainty. If the law says “no,” you know it cannot be done; full stop. But, uncertainty (not knowing what to do) is dreadful.
Additionally, there is the latent worry of politicization of courts of justice. Beyond the matter of the Law as such, a genuine worry surfaces whenever judges act also as ‘activists,’ because we once again end up on the topic of legal uncertainty.
As for the economic sphere, the stagnation of growth endured in the region, paired with generalised high inflation rates, is one of the most pressing worries in the short run.
The legacy of a path travelled
¿What is the legacy you would want to leave at the IBA?
I see two worlds: that of law and that of personal relations.
In my case, personal relations are very important and, after having been for 38 (almost 39) years in the IBA, I can safely say it has been a wonderful place to interact with lawyers from around the world.
During this time I not only have created professional ties, but also friendships.
I believe that if we manage to do away with these language barriers we may achieve an even greater integration. I would want that to be my legacy, a greater global integration.
Having said that, from a legal standpoint, I would like to know I contributed to defending the Rule of Law and the independence of the
Judicial Branch, as well as fostering greater diversity and inclusion in the profession.
I have always been interested in including individuals with disabilities in our profession, beyond gender matters. I have a son with a disability, which is why I have a personal interest in strengthening matters of inclusions; that is what I would like to see as my legacy.
There is a lot of experience worldwide, and it would be good to look for an instance in the IBA through which to convey ideas, initiatives, projects. I would like to open a space, through some of the diversity committees of the IBA, to create some sort of inclusion program. I’m still working on this from my perspective.