AusAID scoping workshop detailed responses

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					   AusAID PSLP Grant , QUT Faculty of Law / Attorney Generals Office, Bhutan
                 Component 1: Scoping Study / Needs Analysis
        Individual responses in the workshop conducted on 1 June 2011
  A lengthy process was used for participants to identify their major work issues and their projected
  professional development needs. The outcomes are presented by respective four interest groups:
  Lawyers in the Attorney Generals office:

issues                                                   needs
Participant A
.Lack of resources – books journals databases..          .Access to resources and research skills
.Extensive training in drafting laws – bills, by laws,   .Training on drafting
opinions                                                 .Investigation guidelines
.Coordination with other agencies – ACC, RBP, R          .Training on advocacy
Audit Auth                                               .Training in ADR skills
.Building of advocacy skills-pleadings                   .Training on case management
. Developing alternative dispute resolution skills       .Attachments
.Case management- building a case, submissions,
evidence..
.Exposure to international best practice though
attachments
.On line Law degree options for paralegals
. Establish a bar association

Participant B
.Lack of legal resources – books journals, data          .Accessible legal resources for all lawyers
bases                                                    .Bar Council to regulate lawyers-conduct; licence
.Drafting ability                                        to practice; Bar exams
.Coordination with other prosecution agencies            .Access to Law degree for paralegals
.Lack of policy directives when drafting bills
.Lack of public defenders
.Lack of guidelines when investigating
.Investigating procedures

Participant C
.Access to research: not knowing what to do or           .Access to software and training on how to use
how to go about the problem once it is placed in         .Formal, full course on legislative drafting
front of us
.Drafting laws: lack of formal training leaves us
without tools of trade
.Prosecution: case management
.ADR
Participant D
.Prosecution: representing before the court as a         .Need guidance and training for prosecutors in
prosecutor to prosecute civil and criminal cases         preparing evidence
. Lack of knowledge of prosecution                       .Need to upgrade Law degree
Participant E
.Lack of resources- books, journals, electronic           .Access to legal resources-virtual library, databases
databases                                                 .On the job training to build drafting/advocacy skills
.Building of advocacy skills: pleadings, how to           .Exposure to international best practice
manage a case including submissions to be made-           .OAG guidelines for investigation please
case management                                           .Bar council to regulate the profession
.Extensive training on drafting bills- laws, by laws,     .Online law degrees for paralegals
opinions
.Lack of coordination with other agencies eg ACC,
RBP, RAA

Participant F
.No clear guidelines for drafting rules and               .Provide a manual outlining standard procedures
regulations                                               for drafting bylaws, rules, regulations
.Understaffed with additional problems because
some staff not competent and not provided with
adequate training


  Lawyers in the Ministries and other organizations
  (Royal Audit Authority, Ministry of Education, Ministry of Labour and Human Resources, Royal Civil Service
  Commission, National Environment Commission, Thimphu District Municipality etc)
issues                                                    needs
Participant A
.Lack of training specifically linked to ministry         .Access to training in drafting, pleadings,
issues                                                    prosecutions
.Lack of resources                                        .Access to resources
. ADR                                                     .Training in ADR

Participant B
.To convince the parties involved in conflict in          .To enhance communication skills and conflict
terms of legalities                                       management
                                                          .To build our capacity in terms of thinking to enable
                                                          us to do prosecutions efficiently

Participant C
.Interpreting statutes                                    .Art of prosecution
.Paralegals lack of training                              .Preparation of charge sheets
.Need to be bullet proof                                  .Weighing up the importance of evidence
.Diversity of issues                                      .How to build an argument
.Many prosecutions after police intervention
.Relationship with criminals and prosecutors

Participant D
.Legislative drafting- review, amendments, environ        .Training in drafting, giving legal advice, and
.Legal advice                                             negotiation skills
.Interpretation
.Negotiation
Participant D                                          .Training in drafting
.Drafting -regulations, policy, agreements             .Case management
.Reviewing – policy, acts, agreements
.Interpreting;- policy, acts, agreements
.Case management

Participant E
.Evidence gathering                                    .Training on evidence gathering
.Interpretation of rules and laws                      .Interpreting laws
.Drafting of rules, policies, manuals                  .Methods or procedures for drafting

Participant F
.Administrative tribunal to be established             .Training on Administrative tribunal with regard to
.Dispute between civil servants                        case management and overall management of the
                                                       tribunal
                                                       .Training on public service management



  Legal assistants in Attorney Generals office:

issues                                                 needs
Participant A
.I like doing prosecution work but am afraid the       .Understanding my role
criminals will seek revenge when they get out of
jail
.I find it difficult to do prosecutions with my very
limited legal background
.Need to create awareness and convince the
general public about the law
Participant B
.Understaffed                                          .Help with understanding terminology
.Dont understand legal terms, maxims etc
.Not clear of the new Police Act in terms of
           Rapist, terrorists, treason, Assault,
           Smuggling (Tobacco Act)
. Relationships with relevant services

Participant C
.As a small country with GNH as its core, it is        .Need government to convince people on the
difficult to prosecute all kinds of people             consequences of committing crime
.When appearing before the court, the accused          . Need to upgrade Law training
thinks badly of the prosecutor                         .Understanding legal terminology
Don’t understand legal jargon
Participant D
.Interpretation of laws                                .To undergo long term U/G degree
.Difficult to understand legal terminologies           .Short term legal courses
.Difficult in facing the court room and judges with    .Create awareness and convince the general public
limited law background                                 on laws and prosecution
.Defendants misunderstands the prosecutors
intention for charging them before the law
Participant E
.Not enough exposure to international laws              .Increase links to international legal experts
.Communication gap lies between the prosecutors
and the community
.We lack useful resources while prosecuting the
cases before the court


  Legal Assistants outside the Attorneys General’s Office:
  (Bhutan Narcotic Control Agency, Ministry of Information and Communications, Construction Development
  Board, Anti Corruption Commission, National Council)

issues                                                  needs
Participant A
.Understaffed                                           .Increased training on national law
.Dont understand legal term, maxims etc
.With the enactment of the Police act 2009, having
difficulties with misdemeanor, Rapist, Terrorist,
treason, assault, smugglers (Tobacco Act)
.Relationships with other agencies
Participant B
.Lack of adequate practical skills in drafting and      Short term and long term training at the field level
reviewing legislative legal instruments in the local
context
.Influence from policy makers, politicians, in legal
matters in the office
.Lack of enough practical methods in handling
cases at the entry stage in the sequence
.Training sometimes taken by policy makers which
are designed for lawyers
Participant C
.Lack of formal legal background                        .Necessary assistance in upgrading to LLB
. Difficult to interpret sometimes though we            Training in drafting rules and regulations
understand the basis of the law
.Difficult to draft various rules and regulations

Participant D
.Legislative drafting                                   .Need training on legislative drafting
.Hansard/ Verbatim transcription/Editing                .Patience and tolerance
.Secretarial services                                   . convincing
.Consultations                                          . Coordination
.Legislative research                                   .Training on briefings
.Parliamentary sessions                                 .

Participant E
.Revision and revisiting existing laws                  .Training on how to start off and handle with the
.Drafting an agreement and MOU between                  revision in generally and the provision in particular
government agencies and other countries                 .Drafting procedures and the extent the provision
.Render legal services to the entire Ministry and its   needs to be included
Departments                                             .Training on managing versions of drafting
                                                        .Training on litigation procedures in other countries

				
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