Minutes - Freiburg May 201112/09/2011

SPRING MEETING

Freiburg, 19, 20, 21, 22 May 2011 
 

MINUTES OF THE WORKING SESSION

20th May 2011 @ 9.15 a.m.

 

 

In attendance:

Austria

Nora Aburumieh (NA),

Belgium

Alain Vanderelst (AV), Piet Everaert (PE)

Cyprus

Pavlos Papasavvas (PP)

Czech Republic

Petr Mrázek (PM)

Denmark

Rasmus Mehl (RM), Kristian Paaschburg (KP)

England

Peter Bohm (PB), Philip Kirkpatrick (PK)

France (IFL)

Jérôme Depondt (JD), Olivier Vibert (OV)

France (Delsol)

Anne Imbert (AI), Frank Buffaud (FB)

Germany (Brunner)

Thomas Schneider (TS)

Birgit Schunter (BS)

Günther Nann (GN)

Marc Wernstedt (MW)

Germany (Weitnauer)

Wolfgang Weitnauer(WW)

Hans-Eric Rasmussen-Bonne ( HERB)

Nikolaus Uhl (NU)

Annette  Kespohl (AK)

Greece

Alexis Alexiou (AA)

Hungary

Istvàn Molnàr (IM)

Zsolt Erdei (ZE)

Balàzs Ferenczy (BF)

Ireland

Cian Ó Cathain (COC)

Italy

Guido Cravetto (GC),

Massimo Audisio (MA)

Luxembourg

Cathy Arendt (CA)

Malaysia

James Monteiro (JM)

John A. Skelchy (JAS)

Netherlands

Jan Kneppelhout (JK)

Evert-Karl Ditvoorst (EKD)

Kees Capel (KC)

Norway

Helge Tryti ( HT)

Portugal

Sandra Ferreira Dias (SFD)

Scotland

Elaine Motion (EM), Fred Tyler (FT)

Spain

Bruno Mateu (BM)

Sweden

Maria Lindegård Eiderholm (ME)

Mats Rhyd (MR)

Switzerland

Christian Alexander Meyer (CAM)

USA

Bertrand Delanney (BD)

David Foltz (DF)

     

 

Apologies:

China

Bill Tong (BT), Luca Maina (LM)

Israel

Gideon FISHER (GF)

Iceland

Páll Arnor Pálsson (PAP)

Poland

Piotr Niedziele (PN)

     

 

Absence:

Turkey

Ziya Akinci (ZA)

 

Morning session: 9.15- 12.30 

1.               Welcome from the President

TS and PK welcomed the members to the meeting in Freiburg, which is the 40th Parlex Meeting.

The attendants remember Raimar Hahndorf, who had suggested that this anniversary meeting should be held in Freiburg. 

 

2.             Minutes of the May meeting in Dublin

PK annouced that the minutes of the meetings will be shorter in the future.

Corrections to the Minutes were discussed. 

ACTION: PK to correct the draft minutes of the Dublin meeting accordingly.  

 

3.             Matters arising from the minutes

Amendments have been made to the RRS. 

It is now possible for the referee to lock in a referral. 

There is no obligation to log in referrals outside Parlex, but members may give information about referrals outside Parlex in the annual questionnaire. 

No referrals to/from outside Parlex have been logged in the past year. 

Two specials interests groups are presently functioning: the corporate and commercial group and the employment law group.

There were no other comments on the Dublin minutes. 

 

4.             Management Committee report for the period

CA reported on the activities of the management committee.

Since the meeting in Dublin the MC has had one face to face meeting in Dublin immediately after the general meeting.

There have been 3 conference calls on, on 19 January 2011, 16 march 2011 and 18 April 2011.

The Management committee dealt with the preparation of the Freiburg meeting, the  question of the Parlex trade mark, the research of new members in Geneva and Bulgaria, the modifications to be made to the RRS.

 

5.             Report back on review of Vincent & Beatty

The review was conducted by PK and JD.

PK reported on the review.

 

6.             Referrals report

DECISION: It is decided that there will be only one referrals report in May. 

There is probably significant underreporting. 

The report taken from the RRS does not show the value of the referral.

BM advised that a referral made from him to his own firm is still registered.

Some tests are still registered.

ACTION: These referrals will be deleted.

IM informs the members that some cases referred by his firm will be going on for several years.

Question: Should ongoing cases be registered only once as referral or be registered every year, as long they go on? 

The management committee will consider how to approach this question.

ACTION: MC to decide how to proceed for the registration of referrals going on for several years.  

There are many referrals between Austria and Germany (Weitnauer).

These referrals mainly concern enforcement of judgements.

The RRS now offers the possibility to log, that the matter did not proceed, if the client did not follow up.

 

7.             Report on finances and proposal for budget

JK presented the accounts for 2010 and the budget for 2011.

The costs will be reduced in 2011 as compared to the 2010 as there is no development manager to be paid. 

The invoices for 2011 have not been sent out yet.

They will be sent out after the meeting.

ACTION: Secretary to send out the invoices for 2011.

There is a surplus of £ 13.500.

It was decided that a certain amount should stay on the account. 

It was suggested to leave £ 5.000 on the account and to reimburse the surplus to the members. 

Since Parlex does not know what the cost of the secretariat will be in 2011 it was decided to wait until the next meeting to decide the amount should be returned to the members. 

DECISION: The question of the reimbursement of the surplus is to be reconsidered at the next meeting.

DECISION: The members approved the accounts of 2010 and the budget of 2011.

It was agreed that there is no immediate need for employing a development manager, but that it has to be seen how the transfer of the secretariat works out. The management committee and the secretary will do the management of Parlex.

JK will be available to assist in reviews.

 

8.             Paper on fees structure and decisions re. surpluses

JK went through the paper circulated to the members.

The main change is that a larger firm will pay more. 

If there are 2 firms in a country, the fees should be calculated per firm and not per country.

With the new structure and the budget of 2011 everyone will pay less.

Every year the members will decide on the budget and the fees. The system will stay the same but the numbers will change with the budget for each year.

DECISION: It was decided to implement the new fees structure and to see how it works out.

 

9.             Transfer of the secretariat

PK informed the Parlex members that he will step down as a secretary at the end of this meeting.

Article 10.2 of the constitution will be changed.

The secretary will be chosen for a maximum term of 5 years. 

KP was suggested by the MC as new secretary.

KP informed the members that he will not charge for his time, but for the costs of his staff working on Parlex secretariat.

DECISION: It is decided that KP will be the new secretary of Parlex for 3 years beginning 21st May 2011.

PK handed over the documentation related to Parlex to KP.

The members thank BWB for having held the secretariat of Parlex for 40 years without invoicing for it.

 

10.          Review of constitution

PK has circulated the suggested modifications to the constitution to the members. 

Changes to be made to article 3, 4, 6 and 10.

There was a discussion on whether in article 6.1, the reasons for a review to be mentioned. In the draft modification, they are left out.

DECISION: The changes of the constitution as contained in the draft sent to the members are adopted. 

 

11.          Annual questionnaire responses

ACTION:   The report on the annual questionnaire are to be corrected, as they do not include the answers of Austria, Italy and Israel who have replied to the questionnaire. 

News from the members:

Italy:

GC advised out that Torino firm will move in August 2011 to another building.

There will be a development of the Milano office rather than the Torino office as Milano is a business center in Italy. 

Germany (Weitnauer):
WW advised that a new partner, specializing in biotechnics and in pharmaceutical industry, has joined the firm.
2 younger lawyers have joined the firm in Berlin.
HERB advised that a notary who worked in the firm left.
The firm is now offering services in French.

Norway:
HT advised that the firm has 9 lawyers.
They have a manager, who is also a lawyer but works 75 % as manager.

Spain:
BM advised no change in his firm.
The firm is looking for an expert in tax law. 

Hungary:
I.M. advised that Balàzs Ferenczy joined the firm.
The firm worked on the French translation of the new Hungarian constitution with Delsol.
BF advised that the firm does a lot of business with Weitnauer.

Netherlands:
EKD exposes that the firm has a new China practice director.
There are new IT and IP law partners. They are setting up practice together with KC.
Kneppelhout & Korthals merged with another firm.

France (Delsol):
FB advised that Delsol have relationships with a firm in China, Sung Lung.
Delsol has 17 partners and 63 lawyers.
2/3 of the business is in Lyon and 1/3 in Paris.
They will move to a new office in Paris in 2012. 

Austria:
Florian Stiefsohn is leaving the firm to become a judge. Stefanie Doerfler left the firm.
NA joins the firm two months ago. She works in St.Pölten and Vienna, in corporate practice. 

Switzerland:
CAM advised that the firm has new partners.
There has been a change in Swiss law. A law about civil proceedings has been adopted.
CAM suggested creating a special interest group in arbitration. 

France (IFL)
JD advised that OV has become a partner of the firm.

Cyprus
PP advised that his firm has a new website.

Czech Republic
PM advised that a new lawyer as joined the firm.

Greece
AA advised that one new lawyer joined their firm.

Sweden:
ME has been working on the contract regarding the construction of the new arena near Stockholm.

England:
PK advised that Hugh Craig retired from the firm. 

 

Afternoon session: 14.30 –18.00

1.             Existing member presentation by Brunner, Liesenborghs & Partner

A presentation of Brunner, Liesenborghs & Partner was made by Gunther Nann.

The members asked questions on the presentation. 

 

2.             Presentation from Novartis: ‘Engaging external lawyers’

Martin Eschbach from Novartis made a presentation.

ACTION:  The text of the presentation will be made available to the members. 

 

3.             Presentation by Franck Buffaud: ‘Managing the Growth of Law Firms‘

FB continued his presentation started in May 2011 on the management of the law firms. 

There followed a discussion on the questions related to the presentation of FB, which were sent to the members beforehand.

ACTION: It is decided to disclose the answers to the questionnaire as they were collected by FB and to make them available on the website.

 

Next meetings:

The next meeting will take place on 11 and 12 November 2011 in Rotterdam. 

The next spring meeting will place in Cambridge. 

The meeting was closed at 18 p.m.