Foreign lawyers

Foreign lawyers

In The Jakarta Post, April 13, Attorney Kartini Muljadi
presented clearly the rationale for the position taken by
Indonesian lawyers' groups on foreign lawyers working in
Indonesia. Other countries have similar restrictions on the
employment of foreign attorneys within their borders. The bar
associations of my own country (the U.S.) certainly have tight
controls on foreign lawyers. In her article, Ms. Muljadi refers
to those who attempt to circumvent the restrictions by working as
"business consultants with an Indonesian company operating under
the foreign capital investment law". As someone who is licensed
to practice law in the U.S. but who is authorized to work in
Indonesia in the field of management consulting, may I address a
gray area?

Many attorneys in America do not practice law as such, but
work as business consultants in a broad range of ventures. So,
instead of practicing law in New York, where I am licensed to
practice, I might decide to work as a business consultant in
California, where I am not licensed to practice law. I would have
no more right to give advice on California law or to represent a
client in court in California than Ms. Muljadi would, because in
the eyes of the State of California I, too, am a "foreign"
lawyer. But I may work as a business consultant in California.

The specific substantive expertise of lawyers lies in
understanding and interpreting law. But lawyers are also trained
in skills of fact-gathering, questioning, analysis and document
drafting.

Political scientists, economists, researchers and business
consultants all need to be adept at these skills. But because the
practical training of lawyers emphasizes these skills, they are
often in demand as consultants. Consultants, whether Indonesian
or foreign, capitalize on those factors in their academic and
professional backgrounds which enhance their appeal to clients.
As a consultant who is also an attorney, I refer to my legal
background when meeting clients because I think it supports a
consultant's credibility. I also explain that I am not authorized
to practice law here.

The gray area: If a foreign attorney has a work permit to work
here as a consultant, when and how does the consultant cross the
line into the forbidden land of practicing law? Guidelines need,
perhaps, to be more defined if they are to protect the interests
of Indonesian lawyers, of local clients who engage foreign
consultants, and of foreign consultants who want to do the right
thing.

Ms. Muljadi also referred to practices which "violate the
spirit and letter of the prevailing rules." Unfortunately, here,
it is sometimes easy to avoid compliance with the spirit of the
law because officials themselves rely heavily on the letter of
the law when enforcing compliance. The tendency to interpret
regulations and laws so legalistically invites abuse, by
dissembling foreigners and disingenuous officials alike.

The problem is larger than that of foreign lawyers engaged in
the unauthorized practice of law. Indonesian English teachers,
managers and other professionals are also disadvantaged: passed
over in favor of relatively cheap foreigners who work here
without the proper credentials and permits. These other
professionals do not have the visibility and strong lobbying
power of lawyers' groups.

Self-styled foreign "consultants", managers, English teachers
often are employed quite openly without benefit of a work permit.
Doesn't this give an unfair business advantage to those who avoid
the US$1,200 per person/per year tax?

While some employers who have gone to great lengths (and
expense) to obtain work permits are victimized by corrupt
immigration officials because of innocent mistakes in documents,
other foreigners work openly for years without obtaining the
proper sponsorship and permits.

Some employers want to comply with the immigration law, but
eventually ignore visa and work-permit regulations because the
rules are so obscure, or the bureaucracy is so slow, or some
local officials and agents demand exorbitant unofficial fees, or
it is finally easier and cheaper to pay off a lower-level
immigration inspector than to go through proper channels. This is
old news. Where are the new solutions?

DONNA K. WOODWARD

Medan, North Sumatra