[CCWG-ACCT] TR: CCWG - proposed legal cost control mechanisms

[Mathieu Weill]

Thank you Bernie, I am expanding the recipient list to the leadership.



My comments on the summary, which should form the basis of a set of slides 
for tomorrow’s meeting

In this context the CCWG is proposing the following CCWG WS2 Procurement 
Process for Independent Legal Counsel:



•             Establish a legal committee to filter, analyze and approve 
requests from the CCWG-Accountability WS2 to use independent legal counsel – 
this committee would be composed of the CCWG Co-Chairs with the 
participation of a representative of ICANN legal.



ð  Yes to legal committee. I have a different view of composition. I would 
say co chairs + 3-5 CCWG members or participants (same as previous legal 
committee). Icann Legal is a provider to this group and should participate 
but not be a “member”. Sidley and Adler should have the same status.

ð  Benefits of the committee : ensure clarity of requests + determine which 
legal group is best suited to respond.

ð  Rapporteurs of the groups presenting requests would also be invited to 
attend





•             All legal requests from WS2 sub-groups would have to be 
properly framed clearly indicating what the question is and why legal advice 
is being required before being submitted to the CCWG Legal Committee.

ð  Should also mention that “independent legal counsel is engaged only when 
a legal issue is raised and a specific answer is required to a tight and 
specific legal question,”

ð  Requests would be shared on the Legal Committee list *before* meetings so 
that lawyers can prepare clarifying questions and estimates.



•             The CCWG Legal Committee would review all such properly 
formulated requests on a regular basis to determine their admissibility.



•             If the request is admissible the CCWG Legal Committee would 
inquire if ICANN Legal could provide an answer to the request. If ICANN 
legal can provide the answer the CCWG Legal Committee will request that 
ICANN legal do so.



ð  I tried to express my concerns with that “first right of refusal” 
approach during the call with Icann Legal. I believe it should be the CCWG 
Legal Committee role to determine which firm it would go to, based on the 
firms skills, costs and the requirement for “independent” advice.



•             If ICANN legal cannot provide the answer, or the answer 
provided by ICANN legal is judged insufficient by the requester, the CCWG 
Legal Committee will identify the best external legal resources for this 
type of work and request a submission for this. If the CCWG Legal Committee 
deems a submission reasonable for the work requested, it can authorize the 
selected contractor to proceed with the work with the PCST handling the 
administration of the request for the CCWG.



ð  See above.



I welcome any other thoughts.



Best

Mathieu



De : Bernard Turcotte [mailto:turcotte.bernard at gmail.com]
Envoyé : dimanche 10 juillet 2016 21:35
À : Thomas Rickert; Mathieu Weill; León Felipe Sánchez Ambía
Objet : CCWG - proposed legal cost control mechanisms



All,



We know we have to get this done so here is the first formal shot at this as 
following on from our call with Sam this week and then further discussions I 
had with Thomas on this topic.



Please have a look and provide your comments ASAP.



The idea would be the run this by Sam on Monday if we can get agreement and 
then external lawyers and then wrap it up prior to the end of the month 
which is our deadline.



Cheers.



B.

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