International Fraud Team Meeting

Friday 8 October 2004

Cannes, France

MINUTES

1.        Attendees and Apologies

Present:       

Martin Cross, Thomas Eggar

Peter Bichsel, Bichsel & Partner

Christiane Bierekoven, Eimer Heuschmid Mehle

Tomasz Kozlowski, KRPiA Gluchowski Jedlinski Rodziewicz Zwara & Partners

Jean Marie Tissot, Emo – Hébert & Associés

Victoria Brackett, Thomas Eggar

Jacques Bonfils, Etude Hauser Joller Bonfils

Apologies received from:

Juha Manner, Brander & Manner

Cory Bebb, Thomas Eggar

Doug Kuber, Kuber Law

Carolyn Wilson, CCW LLP

Andrzej Zwara, KRPiA Gluchowski Jedlinski Rodziewicz Zwara & Partners

2.        Minutes of Last Meeting

2.1     Minutes approved as drawn.

2.2.1      Brochure. 

This had been finalised in the last few days.  Tomasz asked how many were wanted.  TE indicated 250.  Peter Bichsel indicated 50.  Others will be emailed these Minutes and asked to provide the numbers they require direct to Tomasz.  Agreed printing will proceed in Poland and the printers will be asked to despatch directly at the cost of individual firms.  The specific cost is not known but it is economic.

2.2.2      Website. 

The new format of the website is excellent.  We do however need to populate our part in more detail.  Reference was made to how good Doug Kuber’s website is.  We agreed that each individual would prepare something of relevance to post on the website by the end of January preferably in the form of a short article similar to those already in existence.  Martin Cross will chase individuals at the end of December.

3.                 Capability Statement. 

Thomas Eggar have been developing a range of tools in order to allow effective marketing.  A good website, a generic brochure plus detailed capability statements are proving to be effective.  Agreed that Martin Cross would prepare a capability statement for the International Fraud Team by the end of January and will distribute it for amendment and discussion.  The Capability Statement will then be posted on the website and can be printed by individuals when they make any marketing approaches.

4.                 Client Issues

4.1.     Letter of Engagement

We had a long debate on the letter of engagement issue.  We all agreed that in relation to the commencement of any processing of any jurisdiction the lawyer must hold a Letter of Engagement/vollmachts/procuration or whatever is required in that jurisdiction.  Peter Bichsel advanced an argument that for advisory/consultation work there should be one generic Letter of Engagement.  After discussion it was agreed that although such a letter does need to be given to the client in order to deal with client service issues when any work is required in each jurisdiction local requirements must be met.  For instance in the UK a Letter of Engagement must be held when undertaking any work whether involvement with a process or consultation.

4.2      Client Service Issues

We discussed Client Service Issues.  Clients expect that we will deal with any legal process efficiently.  The issues that cause concern are the provision of commercial advice on the reasonableness of the process, the budgeting and costing in advance for fees and the constant provision of information, not just about progress of the case but also about fees accrued in the past month and likely future fees over the course of the next month and the future generally.

5.        Education and Training

For the moment we have come to the conclusion that specific training at a seminar in Bad Zurzach is not immediately required.  What we do need to do however is to consider how to create a training module that will be useful for publication in Euro law and for posting on the website.  We agreed that Vicky Brackett and Martin Cross will create on paper a cross border situation which will require input from each jurisdiction in the form of advising on freezing orders, disclosure orders etc.  The situation will be prepared and the English solution set out and then distributed for all members for their input.  The responses will be edited and passed on to Jesus for use in Euro law and put on the website.

Further agreed that each individual would give consideration to appropriate additional training and pass on their views to Martin Cross or come to the next meeting ready to put forward proposals in relation to education and training whether of themselves or more junior lawyers in their offices.

6.                 Any Other Business

Jean Marie Tissot said that many of the Avrio members did not actually understand what the Fraud Team did.  It would therefore be useful to tell the group as a whole at the de-briefing what we did and who we acted for.  The de-briefing was therefore advanced on this basis.

• What we do at the moment is primarily institute legal processes which involve tracing claims.

• Who do we act for? Generally private investors who tend to be wealthy individuals and insolvency managers or insolvency practitioners who wish to pursue assets and statutory claims.

• What we want to do is to act for banks and asset based lenders and in addition to instituting those processes advise and consult with them and businesses in relation to business integrity/corporate governance which is in reality merely an expansion of due diligence issues.

• Our approach to the market is to look for likely consumers or our current and projected products and those who will be receptive are, in addition to our existing client base, the banks, factors or confidential invoice discounters and probably the large American companies.

Action Plan

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