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ARTICLE · 28 JUNE 2005

Access To Counsel And Law Firm Independence

When in September 2004 many Italian lawyers came back from vacation, they found themselves a little less independent, even though they may not be aware of that. What happened? The managing partner of an important Italian firm, which is advising the governmentappointed administrator in a very highprofile insolvency scandal but will not take any part in pending disputes with a number of banks, has apparently declared to the international press: "We indicated to [the administrator] that, as a resul

ItalyLitigation, Mediation & Arbitration
Eleonora Ballarino
Eleonora Ballarino

When in September 2004 many Italian lawyers came back from vacation, they found themselves a little less independent, even though they may not be aware of that. What happened? The managing partner of an important Italian firm, which is advising the governmentappointed administrator in a very highprofile insolvency scandal but will not take any part in pending disputes with a number of banks, has apparently declared to the international press: "We indicated to [the administrator] that, as a result of our relationships with Italian and international banks, we did not wish to act against the banks. [...] Our agreement... was that we would advise on the restructuring plan but not pursue litigation other than against the [compamy] directors or in administrative actions. [...] Firms like ours... do not want to take a position affecting the rights [read "interests" here, as "rights" not being affected anyway] of other clients or potential clients".

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