To the editor
In your issue of Jan 27-Feb 9, 1995 there was an
article on page 15 captioned "First business law firm opens", referring to the
firm of Dirksen Flipse Doran and Le.
While I would like to congratulate
Dirksen Flipse Doran and Le for being undoubtedly the first international law
firm to be registered through the Cambodian Development Council, it is by no
means the first business law firm in Cambodia. That is simply not accurate. As I
was informed by one of its partners, Mr David Doran, the firm of Dirksen Flipse
Doran and Le was registered by CDC in December 1994. What was notably omitted
from your article is the fact that other business law firms, registered through
the Ministry of Commerce, already existed before Dirkesn Flipse Doran and Le
came into town. Case in point is the Law Office of Mbando Consulting Group,
located at 60 Preah Norodom Boulevard in Phnom Penh which was registered by the
Ministry of Commerce on 20 October 1994, as a legal consulting firm, inter
alia.
Both firms offer the same scope of legal services as international
legal consultants. In fact, every existing international legal consulting entity
(which is the current status of all the international law firms in Cambodia) is
required to work with a Cambodian lawyer if it seeks representation in the
country's courts.
It is important to mention that, regardless of which
jurisdiction registered the law firm, The Ministry of justice has final
disposition on the status and scope of each law firm in Cambodia. To date, the
Ministry of Justice has not yet published a policy on setting up a Bar
Association in Cambodia. Until that happens, all the registered international
consulting firms must operate under the UNTAC provisions which restrict them to
consulting services only.
It is also significant to inform your readers
that since 1992 the Principal Partner of the Mbando Law Office has participated
in drafting legislation for the Kingdom as a legal counsel for UNTAC and has
provided legal advice to several Government Ministries during his tenure with
UNDP. Since October 1992 the Mbando Law office has represented Cambodia in the
International Bar Association Conferences in Melbourne and Miami, and has
rendered commercial and general legal services to business clients. Therefore,
it is indeed inequitable to leave the impression with the public at large that
there had been a dearth of business law consulting capacity in Cambodia until
the registration of Dirksen Flipse Doran and Le.
In view of the
far-reaching implications of this erroneous piece of publication and publicity,
I would like to request that an appropriate correction be made, as you deem
proper, to ensure that your well informed readers are not misled and that
aspersions are not cast, albeit unintentionally on the other established law
firm in Cambodia. Surely, it would not be disingenuous for Dirksen Flipse Doran
and Le to claim fame to being the first International Law firm to be registered
through the CDC; it is quite another matter to stretch it to the point where the
public is to given the impression that Dirkse Flipse Doran and Le are the
pioneers of business law practice in Cambodia.
- Wallace Divine, Director, Mbando Consulting Group
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