The USAID Rule of Law Program is a five-year activity funded by the United States Agency for International Development (USAID) and implemented by the East-West Management Institute, Inc. (EWMI). The goal of the USAID Rule of Law Program (“Program”) is to strengthen the rule of law in Georgia by building the independence and effectiveness of justice sector institutions, enhancing access to justice for all segments of society, and increasing citizen and institutional oversight of justice sector institutions.

The Program is providing the Georgian Bar Association (GBA) with ongoing assistance to increase its capacity and help it become a strong actor in judicial reform and other rule of law initiatives. One of the directions, Program supports is further development of ethical standards of lawyers and increasing the efficiency of Ethics Commission work.  

In recent years, ethics commissions have faced growing challenges in handling attorney disciplinary cases, especially when it comes to collecting, evaluating, and applying the right standards of proof for evidence. As disciplinary cases become more complex, lawyers often challenge the evidence presented against them, making it crucial for ethics commission members to approach these cases carefully and consistently.

To ensure fairness in the process, it's important that the evidence used is reliable, well-researched, and assessed according to proper legal guidelines. Strengthening understanding of evidence rules and proof standards will help commission members make solid decisions that can stand up to scrutiny and maintain confidence in the system. Specialized training can help commission members build on their existing skills, giving them the tools they need to research, analyze, and apply the right evidentiary standards in these cases. This will further strengthen their ability to handle misconduct cases effectively and ensure justice is served.

 Proposed Approach

The USAID Rule of Law Program seeks to hire a local expert to develop and conduct the training for GBA Ethics Commission on Researching and Evaluating Evidence and Standards of Proof in Attorney Disciplinary Proceedings.

This course should be designed to provide members of ethics commissions with an in-depth understanding of the processes involved in evidence collection, research, and evaluation in attorney disciplinary proceedings. It should focus on the critical role evidence plays in determining the outcome of disciplinary cases and the importance of applying appropriate standards of proof. Through case studies and practical exercises, participants will improve the knowledge of how to handle evidence effectively while observing the rules and guidelines specific to professional misconduct cases.

The course is expected to:

1. explore the best practices for collecting, preserving, and presenting evidence in attorney disciplinary proceedings.
2. develop skills in researching and analyzing evidence to ensure its validity and relevance in disciplinary cases.
3. provide a detailed understanding of how to evaluate evidence according to ethical guidelines and legal standards.
4. examine standards of proof required in attorney disciplinary cases and how to apply them consistently and fairly.

Timeline

The project will be implemented during November 1, 2024 – December 15, 2024, period.

Reporting

The Expert will work closely with Georgian Bar Association, USAID Rule of Law Program Legal Education and Bar Reform Advisor, Nino Balanchivadze, and will report to Giorgi Chkheidze, Chief of the Party.

Estimated Level of Effort

The level of effort is 7 days. The distribution of level of effort on various deliverables is as follows:

1. 5 days preparation work
2. 2 days of conducting training

A competitive fee will be paid for the consultancy. No further benefits are offered.

Deliverables:

1. Training Outline – A detailed training plan, including specific objectives, topics, and instructional methods.
2. Training Materials – Agenda, comprehensive handouts, case studies, and presentation slides that participants can reference during and after the training
3. Training– Conduct 2-day in person training to GBA Ethics Commission members, according to the agreed schedule

Qualifications and Eligibility:

The Local expert should possess following qualifications:

1. University degree in law or another relevant field.
2. At least 7 years of professional experience of practicing Administrative Proceedings and Procedural Law, with a focus on disciplinary proceedings, professional ethics, or regulatory compliance.
3. Expertise in legal research methodologies and evidentiary standards applicable in disciplinary cases.
4. Proven track record of delivering high-quality legal training or educational programs, particularly for legal professionals.
5. • CV with detailed list of qualifications
6. • Basic outline of the Training topics
7. • Estimated cost of the effort (expert daily honorarium).

* Applications will be reviewed based on the above provided Requirement and Eligibility criteria.

The application may be submitted in English or in Georgian. The application should be e-mailed to Nino Balanchivadze at nbalanchivadze@ewmi.org  Please include the following text in the subject line “Training for Ethics Commission: Rules of Evidence.”

The deadline for application submissions is November 15, 2024.

Incomplete applications will not be considered.

“EWMI is an equal opportunity employer, and does not discriminate on the basis of race, gender, religion or sexual preferences.”