[CCWG-ACCT] Legal Committee and WS2 budget - new proposal

[Carlos Raúl Gutiérrez G.]

  Robin Gross wrote:

>  Let’s try to stay focused on the substance of what we are here to 
> do and not get sucked into opportunities for endless argument on 
> administrative issues that we had set up this committee to deal with 
> previously.

Couldn’t we do our work and let a semi-final draft up for legal 
revision? Do we have to work all along hand in hand with external 
lawyers? Enough external legal training for the tie being. Let´s hammer 
out a deal, and let the external lawyers come in later.

Carlos R. Gutiérrez
>
> Thanks,
> Robin
>
>
>
>> On Jul 18, 2016, at 10:15 AM, Paul Rosenzweig 
>> <paul.rosenzweig at redbranchconsulting.com> wrote:
>>
>> With respect, I disagree.  The question of whether or not to seek 
>> advice is a ministerial one that can and should be left to the good 
>> judgment of the co-chairs and the committee members.   As we have 
>> seen in the last few days, the broader CCWG can get overwhelmed with 
>> disagreement on relatively inconsequential matters of process when 
>> for the most part our thinking and time are best devoted to 
>> substantive questions that require analysis and resolution
>>
>> Cheers
>> Paul
>>
>> Paul Rosenzweig
>> paul.rosenzweig at redbranchconsulting.com 
>> <mailto:paul.rosenzweig at redbranchconsulting.com>
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>>
>> From: accountability-cross-community-bounces at icann.org 
>> <mailto:accountability-cross-community-bounces at icann.org> 
>> [mailto:accountability-cross-community-bounces at icann.org 
>> <mailto:accountability-cross-community-bounces at icann.org>] On Behalf 
>> Of Seun Ojedeji
>> Sent: Monday, July 18, 2016 12:32 PM
>> To: Mathieu Weill <mathieu.weill at afnic.fr 
>> <mailto:mathieu.weill at afnic.fr>>
>> Cc: ACCT-Staff <acct-staff at icann.org <mailto:acct-staff at icann.org>>; 
>> accountability-cross-community at icann.org 
>> <mailto:accountability-cross-community at icann.org>
>> Subject: Re: [CCWG-ACCT] Legal Committee and WS2 budget - new 
>> proposal
>>
>> Hello Mathieu,
>>
>> The attached document indicated that decision will be handled based 
>> on case by case basis which is fine.
>>
>> However I think sub-bullet 1 of item 2 on page 6 is not explicit 
>> about decision making process. I like to suggest that when 
>> independent council is required, the legal committee should rather 
>> recommend (not decide on behalf) to the group as it should be the 
>> decision of the CCWG-ACT to make. Such recommendation should also 
>> include adequate rationale on why external council is preferred over 
>> ICANN legal staff.
>>
>> Regards
>>
>> Sent from my LG G4
>> Kindly excuse brevity and typos
>>
>>
>> On 18 Jul 2016 5:10 p.m., "Mathieu Weill" <mathieu.weill at afnic.fr 
>> <mailto:mathieu.weill at afnic.fr>> wrote:
>>> Dear Colleagues,
>>>
>>> Based on the feedback received during last week’s call, as well as 
>>> on the robust discussion on the list, we are suggesting a revised 
>>> approach for the Legal Committee :
>>> -          Composition based on previous Legal executive team
>>>
>>> -          Co-chairs remain budget owners, working with support from 
>>> the PCST
>>>
>>> -          Legal committee may direct requests to external firms, on 
>>> a case by case assessment taking into account costs, skills as well 
>>> as potential requirement for “independent” advice.
>>>
>>>
>>> We believe this strikes a good balance between the need to manage 
>>> costs efficiently and responsibly, and the ability for our group to 
>>> request independent advice when needed.
>>>
>>> Depending on the feedbacks, we will report on our progress to the 
>>> Board Finance Committee and SO/AC leaders during a call that has 
>>> been arranged at the BFC’s request on Monday 25 July.
>>>
>>> Best regards,
>>> Mathieu Weill
>>> Co-chair
>>>
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