The Experts below are selected from a list of 72 Experts worldwide ranked by ideXlab platform
Carole Silver - One of the best experts on this subject based on the ideXlab platform.
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Transnational Legal Practice [2014]
2015Co-Authors: Laurel S. Terry, Carole SilverAbstract:This article focuses on Transnational Legal Practice (TLP) activities that took place in 2014, along with 2013 activities that were not addressed in the previous year’s TLP article. In the authors’ view, meeting points and connective relationships are where the action is in TLP. This article highlights some of the meeting points and relationships that affect border-crossing for a variety of actors involved in TLP policy-making and practice. It refers to “TLP-Nets,” using the term “Nets” to suggest the notion of a network. Networks are “boundary-spanning and boundary-creating structures that affect the roles of organizational actors, including business corporations, voluntary associations, advocacy groups, foundations, think tanks, and state entities.” This article uses TLP-Nets as a way to frame the discussion and better understand recent TLP developments. The TLP-Nets described in the article represent the authors’ preliminary assessment based on their involvement in TLP-related matters. The term “TLP-Nets” focuses attention on the actors and facilitators as well as the activities that comprise what is significant about TLP. This article describes two categories of TLP-Nets: one nationally-based, and the other inherently international. Within each category the article suggests examples of TLP-Nets and describes their recent activities. These categories provide a mechanism for cataloguing the activities relevant to TLP in a way that provides insight into the structure and interaction of activities and actors. This scope of this article is limited, but it should provide a basis for future work that will further explore the networks of relationships that comprise TLP-Nets.The 2014 TLP developments documented in this article include the following: governmental legal services trade negotiations (including TISA, TTP, and TTIP negotiations); the “summits” between the ABA and various bar associations related to these trade negotiations; the International Legal Ethics Conference VI and the International Conference of Legal Regulators, both of which were held in London in 2014; recent studies documenting the growth of TLP; the Conference of Chief Justices’ (CCJ) program on transnational legal practice and its regulation; the CCJ’s adoption of two resolutions on this topic; the TLP educational sessions sponsored by the National Conference of Bar Examiners and by the Georgia State Bar; the development of a TLP “Toolkit” for Lawyer regulators; the growing interest of the National Organization of Bar counsel in TLP issues; the issuance of the International Bar Association’s groundbreaking Global Regulation and Trade in Legal Services Report 2014; state implementation of the ABA’s 2013 “inbound Foreign Lawyer” policies which were adopted upon the recommendation of the ABA Commission on Ethics 20/20; ABA webinars about TLP; developments related to the FATF Recommendations; and increased interest in potential market disruption. The 2013 activities covered in this article include the ABA’s adoption of a resolution on international regulatory cooperation and the second meeting of the International Conference of Legal Regulators, which was held in San Francisco in 2013. The article concludes that TLP-Nets provide a useful way to consider the 2014 TLP developments.
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Transnational Legal Practice 2008
2009Co-Authors: Laurel S. Terry, Carole Silver, Robert E. Lutz, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Peter D. EhrenhaftAbstract:This article reviews developments in transnational legal practice during 2008, including international developments, U.S. developments, and regional developments in Australia and Europe. The article begins by reviewing international legal services statistics and information about legal education developments. The next section focuses on legal services developments related to the WTO's General Agreement on Trade in Services (GATS), including the status of the 2008 negotiations regarding GATS Track #1 (market access) and Track #2 (domestic disciplines). This section also introduces the International Bar Association’s September 2008 “market access-skills transfer” resolution and reviews the state implementation status of the ABA’s Foreign Lawyer multijurisdictional practice resolutions and state rules permitting Foreign in-house counsel. The article highlights other international developments including the resolutions by the Conference of Chief Justices and the Council of the Bars and Law Societies of Europe (CCBE) regarding Lawyer discipline cooperation, the European Court of Justice’s attorney-client privilege case called Akzo Nobel, the October 2008 adoption of the Risk-Based Guidance for Legal Professionals by the intergovernmental Financial Action Task Force (FATF) and the ongoing implementation of the 2007 U.K. Legal Services Act, including the adoption of rules that took effect in March 2009 that permit legal disciplinary practices by solicitors in England and Wales. The article also discusses a number of new developments, including the Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC), various ABA “summits,” the Conference of Chief Justices’ adoption of a resolution endorsing ABA MJP Recommendation #9 regarding temporary practice by Foreign Lawyers, and the issuance of a report on Global Professional Responsibility by an American Society of International Law task force. The article concludes with a review of some of the recent resources and conferences that had focused on the topic of legal outsourcing.
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the case of the Foreign Lawyer internationalizing the u s legal profession
Fordham International Law Journal, 2001Co-Authors: Carole SilverAbstract:The Article examines a group of approximately three hundred Foreign layer LL.M. graduates working in New York between 1999 and 2000, and presents information about their nationality, education, and employment. This information is supplemented with stories of individual Foreign Lawyers, as well as with the large law firm perspective as articulated by hiring partners at a number of U.S.-based elite international firms. The Article considers the experiences of Foreign Lawyers in U.S. law schools and law firms, and explores the ways in which these organizations and the Foreign Lawyers come together to further their respective ends.
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The Case of the Foreign Lawyer: Internationalizing the U.S. Legal Profession
SSRN Electronic Journal, 2001Co-Authors: Carole SilverAbstract:This article contriubtes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of Foreign Lawyers in U.S. law schools and law firms. It analyzes the interaction between Foreign-educated Lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with Foreign-educated Lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 Foreign-educated Lawyers who were working in New York during 1999 and 2000. The various roles occupied by Foreign Lawyers in U.S. law schools and law firms are considered, including serving as substitutes for U.S. J.D. graduates and as connections to Foreign legal markets. Despite their rhetoric of internationalization, U.S. law firms remain essentially domestic institutions; they have rarely integrated Foreign-educated Lawyers into their structures in the U.S. However, in order to meet the growing competition from accounting and consulting firms as well as from Foreign law firms, U.S. Lawyers may need to reconsider their reliance upon this domestic mindset.
Filip Celadnik - One of the best experts on this subject based on the ideXlab platform.
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svěřenský fond jako výsledek ceskeho pokusu o pravni transplantaci trustu zklamani jako ditě ocekavani vybranna zakonna ustanoveni z pohledu zahranicniho pravnika a trust fund as a result of the czech attempt to legally transplant trust a disappointm
2013Co-Authors: Filip CeladnikAbstract:Chezch Abstract: Nový obcanský zakonik zavede do ceskeho soukromeho prava specialni pravni konstrukci spravy ciziho majetku – svěřenský fond – a s tim souvisejici nove věcne pravo, tzv. oddělene vlastnictvi. Předlohou pro pravni upravu svěřenskeho fondu posloužila ceskemu zakonodarci normativni uprava trustu v quebeckem obcanskem zakoniku, ktera doktrinalně vychazi z anglickeho trustu. Intence zakonodarce pravně transplantovat doktrinu anglickeho trustu do ceskeho pravniho prostředi autor tohoto přispěvku při znalosti teorie a praxe tohoto institutu namnoze vita, jak je vsak podrobně pojednano v tomto přispěvku, výsledek procesu je meně než uspokojivý. Tento přispěvek se nejprve zabýva doktrinalni inkompatibilitou common law a civil law a aspektem duality vlastnictvi v common law, což je pojednani nezbytne pro naslednou kritiku odděleneho vlastnictvi a s tim souvisejicich aspektů pravni upravy svěřenskeho fondu. Analýzu v tomto směru provadi autor tohoto přispěvku na modelovem připadu neopravněneho převodu majetku ze svěřenskeho fondu na třeti osobu a taktež nabizi uvahy nad ochranou osob opravněných ze svěřenskeho fondu. V reakci na to se vede v druhe casti diskuse na tema analogicke způsoby implementace anglickeho trustu do ceskeho prava, se zvlastnim zaměřenim na italskou cestu ratifikaci Haagske Umluvy o pravu rozhodnem pro trusty a jejich uznani. Stěžejni je pak vyustěni v zavěrecne casti, v niž autor tohoto přispěvku mj. polemizuje o tom, jaký význam ma pro Ceskou republiku přijeti quebecke koncepce trustu, zda se zakonodarce vůbec detailněji zabýval tim, jak se promitne teoretický koncept odděleneho vlastnictvi do praxe a zda je zvolený způsob pravě tim nejvhodnějsim. Dale jsou kladeny otazky ustavnosti zvolene konstrukce, do jake miry se svěřenský fond ujme v Ceske republice a zda se ceský zakonodarce neměl při transplanaci trustu vydat pravě italskou cestou transpozice trustu.English Abstract: The new Civil Code will establish a special legal concept of trust-like structures – the trust fund – and a new related property law, the so called the separate patrimony, into the Czech private law. The Czech Legislator has taken the normative regulation of trust in the Quebec Civil Code as the model for the legal regulation of the trust fund which is itself doctrinally based on the English trust. The author of this paper, recognising the theory and practise of this institute, understands and appreciates the intentions of the legislator in legally transplanting the English trust doctrine into the Czech legal order. However, as will be elaborated on further in this paper, the results of the process are less than satisfactory. The author of this paper deals first with the doctrinal incompatibility of common law and civil law and with the dual aspect of ownership in the common law. This discourse is necessary for the subsequent criticism of the separate patrimony and the related legal regulation of the trust fund. To this effect, the author pursues an analysis of a hypothetical unlawful transfer of property in the trust fund to a third party as well as contemplates the protection afforded to the beneficiaries. Based on these deliberations, the author of this paper subsequently discusses the alternative manners of transposition of the English trust into the Czech law, with a particular focus on the Italian approach by ratifying The Hague Convention on the Law Applicable to Trusts and on their Recognition. The crucial are conclusions drawn in the final part of the paper where the author, among others, considers whether there is any sense in the Czech Republic implementing the Quebec concept of trust, whether the Czech legislator even dealt in detail with the practical application of the theoretical concept of the separate patrimony and whether the chosen method of transposing the trust is the most suitable one. Further, the author of this paper questions the constitutional-compliance of the trust fund, the extent to which the trust fund will be used in the Czech Republic and whether the Czech legislator should not rather opt for the Italian method whilst transposing the English trust.
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Svěřenský Fond Jako Výsledek Českého Pokusu O Právní Transplantaci Trustu: Zklamání Jako Dítě Očekávání? Vybranná zákonná ustanovení z pohledu zahraničního právníka (A Trust Fund as a Result of the Czech Attempt to Legally Transplant Trust: A Disappo
SSRN Electronic Journal, 2013Co-Authors: Filip CeladnikAbstract:Chezch Abstract: Nový obcanský zakonik zavede do ceskeho soukromeho prava specialni pravni konstrukci spravy ciziho majetku – svěřenský fond – a s tim souvisejici nove věcne pravo, tzv. oddělene vlastnictvi. Předlohou pro pravni upravu svěřenskeho fondu posloužila ceskemu zakonodarci normativni uprava trustu v quebeckem obcanskem zakoniku, ktera doktrinalně vychazi z anglickeho trustu. Intence zakonodarce pravně transplantovat doktrinu anglickeho trustu do ceskeho pravniho prostředi autor tohoto přispěvku při znalosti teorie a praxe tohoto institutu namnoze vita, jak je vsak podrobně pojednano v tomto přispěvku, výsledek procesu je meně než uspokojivý. Tento přispěvek se nejprve zabýva doktrinalni inkompatibilitou common law a civil law a aspektem duality vlastnictvi v common law, což je pojednani nezbytne pro naslednou kritiku odděleneho vlastnictvi a s tim souvisejicich aspektů pravni upravy svěřenskeho fondu. Analýzu v tomto směru provadi autor tohoto přispěvku na modelovem připadu neopravněneho převodu majetku ze svěřenskeho fondu na třeti osobu a taktež nabizi uvahy nad ochranou osob opravněných ze svěřenskeho fondu. V reakci na to se vede v druhe casti diskuse na tema analogicke způsoby implementace anglickeho trustu do ceskeho prava, se zvlastnim zaměřenim na italskou cestu ratifikaci Haagske Umluvy o pravu rozhodnem pro trusty a jejich uznani. Stěžejni je pak vyustěni v zavěrecne casti, v niž autor tohoto přispěvku mj. polemizuje o tom, jaký význam ma pro Ceskou republiku přijeti quebecke koncepce trustu, zda se zakonodarce vůbec detailněji zabýval tim, jak se promitne teoretický koncept odděleneho vlastnictvi do praxe a zda je zvolený způsob pravě tim nejvhodnějsim. Dale jsou kladeny otazky ustavnosti zvolene konstrukce, do jake miry se svěřenský fond ujme v Ceske republice a zda se ceský zakonodarce neměl při transplanaci trustu vydat pravě italskou cestou transpozice trustu.English Abstract: The new Civil Code will establish a special legal concept of trust-like structures – the trust fund – and a new related property law, the so called the separate patrimony, into the Czech private law. The Czech Legislator has taken the normative regulation of trust in the Quebec Civil Code as the model for the legal regulation of the trust fund which is itself doctrinally based on the English trust. The author of this paper, recognising the theory and practise of this institute, understands and appreciates the intentions of the legislator in legally transplanting the English trust doctrine into the Czech legal order. However, as will be elaborated on further in this paper, the results of the process are less than satisfactory. The author of this paper deals first with the doctrinal incompatibility of common law and civil law and with the dual aspect of ownership in the common law. This discourse is necessary for the subsequent criticism of the separate patrimony and the related legal regulation of the trust fund. To this effect, the author pursues an analysis of a hypothetical unlawful transfer of property in the trust fund to a third party as well as contemplates the protection afforded to the beneficiaries. Based on these deliberations, the author of this paper subsequently discusses the alternative manners of transposition of the English trust into the Czech law, with a particular focus on the Italian approach by ratifying The Hague Convention on the Law Applicable to Trusts and on their Recognition. The crucial are conclusions drawn in the final part of the paper where the author, among others, considers whether there is any sense in the Czech Republic implementing the Quebec concept of trust, whether the Czech legislator even dealt in detail with the practical application of the theoretical concept of the separate patrimony and whether the chosen method of transposing the trust is the most suitable one. Further, the author of this paper questions the constitutional-compliance of the trust fund, the extent to which the trust fund will be used in the Czech Republic and whether the Czech legislator should not rather opt for the Italian method whilst transposing the English trust.
Laurel S. Terry - One of the best experts on this subject based on the ideXlab platform.
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Transnational Legal Practice [2014]
2015Co-Authors: Laurel S. Terry, Carole SilverAbstract:This article focuses on Transnational Legal Practice (TLP) activities that took place in 2014, along with 2013 activities that were not addressed in the previous year’s TLP article. In the authors’ view, meeting points and connective relationships are where the action is in TLP. This article highlights some of the meeting points and relationships that affect border-crossing for a variety of actors involved in TLP policy-making and practice. It refers to “TLP-Nets,” using the term “Nets” to suggest the notion of a network. Networks are “boundary-spanning and boundary-creating structures that affect the roles of organizational actors, including business corporations, voluntary associations, advocacy groups, foundations, think tanks, and state entities.” This article uses TLP-Nets as a way to frame the discussion and better understand recent TLP developments. The TLP-Nets described in the article represent the authors’ preliminary assessment based on their involvement in TLP-related matters. The term “TLP-Nets” focuses attention on the actors and facilitators as well as the activities that comprise what is significant about TLP. This article describes two categories of TLP-Nets: one nationally-based, and the other inherently international. Within each category the article suggests examples of TLP-Nets and describes their recent activities. These categories provide a mechanism for cataloguing the activities relevant to TLP in a way that provides insight into the structure and interaction of activities and actors. This scope of this article is limited, but it should provide a basis for future work that will further explore the networks of relationships that comprise TLP-Nets.The 2014 TLP developments documented in this article include the following: governmental legal services trade negotiations (including TISA, TTP, and TTIP negotiations); the “summits” between the ABA and various bar associations related to these trade negotiations; the International Legal Ethics Conference VI and the International Conference of Legal Regulators, both of which were held in London in 2014; recent studies documenting the growth of TLP; the Conference of Chief Justices’ (CCJ) program on transnational legal practice and its regulation; the CCJ’s adoption of two resolutions on this topic; the TLP educational sessions sponsored by the National Conference of Bar Examiners and by the Georgia State Bar; the development of a TLP “Toolkit” for Lawyer regulators; the growing interest of the National Organization of Bar counsel in TLP issues; the issuance of the International Bar Association’s groundbreaking Global Regulation and Trade in Legal Services Report 2014; state implementation of the ABA’s 2013 “inbound Foreign Lawyer” policies which were adopted upon the recommendation of the ABA Commission on Ethics 20/20; ABA webinars about TLP; developments related to the FATF Recommendations; and increased interest in potential market disruption. The 2013 activities covered in this article include the ABA’s adoption of a resolution on international regulatory cooperation and the second meeting of the International Conference of Legal Regulators, which was held in San Francisco in 2013. The article concludes that TLP-Nets provide a useful way to consider the 2014 TLP developments.
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reflections on u s policies regarding effective regulation and discipline and Foreign Lawyer mobility has the time come to talk about the elephant in the room
2013Co-Authors: Laurel S. TerryAbstract:The ABA has adopted four model policies that address, in one way or another, the issue of Foreign Lawyer mobility. These policies are the ABA Model Foreign Legal Consultant Rule, which is commonly known as the FLC rule, the ABA Model Rule for Temporary Practice by Foreign Lawyers, which is commonly known as the FIFO rule, ABA Model Rule of Professional Conduct 5.5, which permits Foreign Lawyers to serve as in-house counsel, and the ABA Model Rule on Pro Hac Vice Admission. All four of the ABA’s Foreign Lawyer mobility recommendations include a requirement that the mobile Foreign Lawyer is “subject to effective regulation and discipline by a duly constituted professional body or a public authority.” In other words, these rules set forth requirements regarding the nature of the regulatory system in the Foreign Lawyer’s home jurisdiction. A number of U.S. states have included this requirement in their Foreign Lawyer mobility provisions, but a number have not. (Some countries have a somewhat comparable provision in their Foreign Lawyer mobility rules, but other countries do not.) Although the ABA model rules and a number of state rules include this requirement, neither the ABA Model Rules nor any of the state rules have defined what it means for a Foreign Lawyer to come from a system with “effective regulation and discipline.” Nor is there any evidence that this requirement has been enforced in those states that have included this requirement. This article suggests that the “effective regulation and discipline” requirement has been an elephant in the room that no one has been willing to talk about. The article argues that the time has come to confront this issue head-on. It asserts that either efforts should be undertaken to define and enforce this requirement or that the requirement should be abandoned. The article reviews two “threshold” issues that jurisdictions might want to consider when deciding whether to adopt or retain an “effective regulation and discipline” requirement. It also identifies resources that might be consulted for “benchmarking” purposes if and when U.S. regulators decide to add “meat to the bones” by defining and enforcing the “effective regulation and discipline” requirement found in Foreign Lawyer mobility provisions.
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Transnational Legal Practice 2008
2009Co-Authors: Laurel S. Terry, Carole Silver, Robert E. Lutz, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Peter D. EhrenhaftAbstract:This article reviews developments in transnational legal practice during 2008, including international developments, U.S. developments, and regional developments in Australia and Europe. The article begins by reviewing international legal services statistics and information about legal education developments. The next section focuses on legal services developments related to the WTO's General Agreement on Trade in Services (GATS), including the status of the 2008 negotiations regarding GATS Track #1 (market access) and Track #2 (domestic disciplines). This section also introduces the International Bar Association’s September 2008 “market access-skills transfer” resolution and reviews the state implementation status of the ABA’s Foreign Lawyer multijurisdictional practice resolutions and state rules permitting Foreign in-house counsel. The article highlights other international developments including the resolutions by the Conference of Chief Justices and the Council of the Bars and Law Societies of Europe (CCBE) regarding Lawyer discipline cooperation, the European Court of Justice’s attorney-client privilege case called Akzo Nobel, the October 2008 adoption of the Risk-Based Guidance for Legal Professionals by the intergovernmental Financial Action Task Force (FATF) and the ongoing implementation of the 2007 U.K. Legal Services Act, including the adoption of rules that took effect in March 2009 that permit legal disciplinary practices by solicitors in England and Wales. The article also discusses a number of new developments, including the Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC), various ABA “summits,” the Conference of Chief Justices’ adoption of a resolution endorsing ABA MJP Recommendation #9 regarding temporary practice by Foreign Lawyers, and the issuance of a report on Global Professional Responsibility by an American Society of International Law task force. The article concludes with a review of some of the recent resources and conferences that had focused on the topic of legal outsourcing.
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A Case Study of the Hybrid Model for Facilitating Cross-Border Legal Practice: The Agreement Between the American Bar Association and the Brussels Bars
Fordham International Law Journal, 2004Co-Authors: Laurel S. TerryAbstract:This paper contains two separate sections. The first section analyzes the different approaches that have been used to respond to global cross-border legal practice. The article distinguishes among several different models of regulation, including models that have been used where there is no single regulatory authority and models that have been used where there is a single regulating authority. The paper observes that one possible model to use where there is no single regulatory authority is the "hybrid approach" in which an agreement is reached between regulatory authorities and private sector Lawyers (or their representatives). The second section of this paper examines the 1994 agreement between the American Bar Association and the two Bar Associations that regulate Brussels Lawyers; the Agreement is an example of the hybrid model of regulating cross-border legal practice. This section of the paper provides background information about the legal situation in Brussels before 1994 and a summary of the Brussels Bars' dealings with Foreign Lawyers up until the Agreement. It continues with a "behind-the-scenes" explanation of how the Agreement was developed. The article continues by analyzing the substance of the Agreement, including its provisions related to forms of association, scope of practice, and ethics and discipline issues. This second section provides information about the implementation of the Agreement. It concludes with an analysis of the strengths and weaknesses of the hybrid model for facilitating cross-border legal practice. The appendices to the article include the Agreement and the Brussels Bars' Foreign Lawyer registration forms.
Fx Joko Priyono - One of the best experts on this subject based on the ideXlab platform.
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KUALIFIKASI STANDARISASI DAN LISENSI ADVOKAT ASING DALAM RANGKA IMPLEMENTASI GATS (GENERAL AGREEMENT ON TRADE IN SERVICES)
2010Co-Authors: Fx Joko PriyonoAbstract:Profeesional service including legal service is apart of service covered by GATS (General Agreement on Trade in Services). Indonesia as contracting party has obligation to adjust some rules regarding market access to Foreign law firm and Lawyer. At the moment Law Number 18 of 2003 on Advocate has restricted them to practice in Indonesia and only as an employee of the law firm. It can't be ignored while globalization of legal service has been happening due to business activities of transnational corporation. Qualification, standarizationand licence of Foreign Lawyer is very significant in order to do interact between domestic and Foreign Lawyer. Closing the market access will make no progress of domestic Lawyer. Experience, legal education, test of advocate organization, ability of speaking Indonesia language, training, honest and good reputation. License is promoted by limited approach that admitting Foreign Lawyer to practice home country law, international law and third country law. Representation before the court and rendering legal advice are prohibited at all. Kata Kunci : GATS, globalization of legal service, and qualification, standarization and licence of Foreign Lawyer
Joko Priyono - One of the best experts on this subject based on the ideXlab platform.
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IMPLIKASI GATS (General Agreement on Trade in Services) TERHADAP DAYA SAING SARJANA HUKUM KITA
2009Co-Authors: Joko PriyonoAbstract:Regulation of trade in services in General Agreement on Trade in Services and the presence of multinasional coroporations have a big impact to Indonesia legal profession. Referring to Article VI: 4 GATS, standardization, qualification and license to Foreign Lawyer has to be arranged without sacrifising national interest. Mutual Recognition Agreement constitutes a good step to empower Indonesian Lawyers but the quality and competitiveness of “Sarjana Hukum” Indonesia will be determined by the producers of Indonesia Higher Education. Stressing of the education is education for professional (ius constitutum). Academic legal education is still relevant with regard to law making (ius constituendum) in order to fulfill the need of law in the country. Key words : GATS, standardization of profession, law school