The Experts below are selected from a list of 360 Experts worldwide ranked by ideXlab platform
Laurel S. Terry - One of the best experts on this subject based on the ideXlab platform.
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Transnational Legal Practice [2015]
2016Co-Authors: Laurel S. TerryAbstract:This 2015 Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the year related to transnational Legal Practice (TLP). This year’s article builds on the work set forth in the 2014 Year-in-Review. The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.” One group of TLP-Nets is nationally based and the other is inherently transnational. The 2014 article identified examples of TLP-Nets and highlighted the meeting points and relationships that facilitate border-crossing for the variety of actors involved in TLP policy-making and Practice. This article uses the TLP-Nets structure set forth in the 2014 TLP Year-in-Review in order to describe 2015 TLP activities. Some, but not all, of the developments cited in this article had previously been publicized. But even when the events have been publicized, this article provides an opportunity to describe in one place the activities of those who are part of the TLP-Nets. The 2015 TLP developments documented in this article included activities related to international trade negotiations, including interactions among the Conference of Chief Justices, the ABA, and the CCBE concerning the TTIP negotiations and developments regarding implementation of the U.S.-Korea KORUS trade agreement. This article documents additional ABA involvement in TLP-related matters, including the activities of the ABA Transnational Legal Practice Committee and the ABA Task Force on International Trade in Legal Services (ITILS), the ABA’s adoption of a revised policy about inbound foreign in-house counsel, and the work of the ABA Commission on the Future of Legal Services, which in 2015 circulated a proposal that the ABA adopt model regulatory objectives. In addition to describing ABA activities, this article describes the 2015 TLP-related activities of the Conference of Chief Justices. These activities included the regular conference calls of the CCJ’s Task Force on Foreign Lawyers (which now includes individuals involved in other TLP-Nets) and the CCJ’s adoption of Resolution 2, which urges states to adopt explicit policies that would permit qualified activities by foreign lawyers as a means to increase available Legal services, and to facilitate the movement of goods and services between the United States and foreign nations. This article also describes the TLP-related activities of the National Organization of Bar Counsel and the National Conference of Bar Examiners and examines some of the 2015 connections between these organizations and international organizations that include the International Conference of Legal Regulators and the International Bar Association. This article concludes with a section that highlights TLP developments in selected parts of the world including Canada, where there were a number of 2015 developments, and in the UK, the EU, Korea, and Singapore. This section also discusses very briefly some significant developments in the Legal services market.
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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 international
Social Science Research Network, 2013Co-Authors: Laurel S. TerryAbstract:This article covers three years of Transnational Legal Practice developments outside of the US. (It is the companion piece to 47 Int'l Law. 499 (2013) which discusses US developments.) This article discusses the approval of an Alternative Business Structure licensing system by the UK Solicitors Regulation Authority and its subsequent issuance of ABS licenses. The second section reviews the emergence of the “Troika” as a new regulatory influence in Europe, citing as an example the joint ABA-CCBE letter to the IMF. (The Troika refers to the International Monetary Fund, the European Central Bank, and the European Commission.) The third section of the article reviews global developments that involve liberalization or contraction in market access for foreign lawyers, highlighting developments in Singapore, Korea, Malaysia, Brazil and India. The next section provides information about the Asia Pacific Economic Cooperation (APEC) Legal Services Inventory, which is a new web-based resource. It also discusses the September 2012 first-ever International Conference of Legal Regulators. The final section of the article highlights selected transnational Legal Practice developments around the globe, including developments in Australia, Canada, the UK, and the EU, including developments related the application of anti-money laundering rules to the Legal profession.
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transnational Legal Practice united states 2010 2012
International Lawyer, 2013Co-Authors: Laurel S. TerryAbstract:This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational Legal Practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. Legal education and Legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for transnational Practice. The next section summarizes those activities of the Council of the ABA Section of Legal Education and Admissions to the Bar related to transnational Legal Practice. The article notes that the Council declined to follow a committee recommendation that it adopt the proposed Model Rule on Admission of Foreign Educated Lawyers and the Proposed Criteria for ABA Certification of an LL.M Degree for the Practice of Law in the United States. The Council also chose not to take any action that would allow ABA accreditation of law schools located outside the U.S. The article highlights the fact that the strong reactions provoked by these two issues illustrate the competing visions in the United States about the best way to respond to globalization developments. The next section highlights some recent state rule changes that affect transnational Legal Practice including rule changes in Massachusetts, Wisconsin, Minnesota, Georgia, and New York and a number of additional developments in New York. The sixth section of the article discusses trade agreement developments relevant to Legal services, including the issuance of a 2010 WTO Secretariat Sectoral Report and the 2013 updated IBA GATS Handbook. The next section of the article discusses “gatekeeper” issues, including the ABA’s 2010 adoption of the “Voluntary Good Practices Guidance for Lawyers to Detect and Combat Money Laundering and Terrorist Financing.” The ABA hopes that if U.S. lawyers follow the Voluntary Good Practices Guidance, the U.S. Department of the Treasury and others will not push for the draconian implementation of the FATF recommendations that exists in some other FATF countries, such as the U.K. The final section of this article highlights some new transnational Legal Practice resources, including two recently-published ABA books.
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transnational Legal Practice international
Int'l Law., 2013Co-Authors: Laurel S. TerryAbstract:The 2007 U.K. Legal Services Act has been the source of many significant developments.2 As the 2009 Year in Review explained, the 2007 U.K. Legal Services Act radically transformed regulation of the Legal profession.3 The U.K. Legal Services Board (LSB) is the overarching regulator for the Legal profession in England and Wales, the Solicitors Regulatory Authority (SRA) is the “front-line regulator” for solicitors in England and Wales, and the Bar Standards Board (BSB) is the front-line regulator for barristers in England and Wales.4 The LSB, the SRA, and the BSB have been engaged in a number of important activities, including the SRA’s adoption of a system of “outcomes based regulation” and its 2011 issuance of a new handbook of ethics rules, which has been updated several times, most recently in October 2012.5 By far the most noteworthy activity, however, has been the SRA’s actions with respect to alternative business structures, commonly referred to as ABS. The 2007 Legal Services Act created a framework that allows lawyers and non-lawyers to share Legal fees and allows
Ellyn S. Rosen - One of the best experts on this subject based on the ideXlab platform.
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transnational Legal Practice 2009
Social Science Research Network, 2010Co-Authors: Laurel S. Terry, Carole Silver, Ellyn S. RosenAbstract:This article identifies some of the most important U.S. and international developments in transnational Legal Practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on Legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign applicants and proposed changes to the Qualified Lawyers Transfer Test used in England and Wales. The U.S. developments cited in this article include the Conference of Chief Justices’ discipline cooperation agreements with the CCBE and with the Law Council of Australia, various developments related to admission of foreign applicants in U.S. states, important Legal education and admission developments, new state adoptions of foreign Legal consultant and temporary Practice rules, and the creation of the ABA Commission on Ethics 20/20, which has been asked, inter alia, to consider the impact of globalization on the Legal profession and lawyer regulation. This article also surveys various trade developments related to Legal services, including the 2009 “Legal Services Initiative” of the Asia Pacific Economic Cooperation (APEC). The U.S. is a member of APEC, which represents approximately forty percent of the world’s population, fifty-four percent of world GDP, and forty-three percent of world trade.
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transnational Legal Practice 2009
44 International Lawyer 563 (2010), 2010Co-Authors: Laurel S. Terry, Carole Silver, Ellyn S. RosenAbstract:Attorneys in the international offices of the nation’s top law firms weren’t spared a pummeling by a recession that hit global proportions in 2009. A big piece of the four percent decline in the total number of attorneys at large law firms came from losses in international offices . . . Law firms with significant foreign Practices saw their numbers in those offices decline—often sharply—as they struggled to adjust to plummeting demand from clients.1
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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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transnational Legal Practice 2006 2007
Social Science Research Network, 2008Co-Authors: Laurel S. Terry, Carole Silver, Robert E. Lutz, Ellyn S. Rosen, Carol A. Needham, Peter D. EhrenhaftAbstract:This article reviews developments in transnational Legal Practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to Legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional Practice rules. In other areas, the international developments section addresses the development of a code of conduct for defense counsel practicing before the International Criminal Court and developments in the Financial Action Task Force (FATF). With respect to U.S. transnational Legal Practice developments, the article reviews U.S. bilateral free trade initiatives, lawyer discipline cooperation initiatives and significant litigation. The regional developments section documents the emergence in Australia of the first publicly-traded law firm and Australia's efforts to promote greater multijurisdictional Practice for Australian lawyers in the U.S. This section also reviews various European developments, including European competition law initiatives, the Akzo Nobel case currently pending before the European Court of Justice, and developments related to the free movement of lawyers, codes of conduct, money laundering and lawyer education.
Margaret Thornton - One of the best experts on this subject based on the ideXlab platform.
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the new knowledge economy and the transformation of the law discipline
Too many lawyers?: the future of the legal profession 2017 ISBN 9781138212792 págs. 143-159, 2017Co-Authors: Margaret ThorntonAbstract:This article addresses the dramatic increase in the number of law students in Australia over the past two decades. It is argued that the transformation of Legal education is attributable to the neoliberal turn, the embrace of the new knowledge economy, the adoption of a user-pays philosophy, the low costs associated with offering law courses and consumer demand. While the profession might mutter that there are ‘too many lawyers’, it has done little to inhibit the explosion in numbers. Indeed, the profession itself has been transformed as a result of neoliberalism and the acceptance of competition policy. What is perhaps most distinctive about the Australian experience is that less than half of all law graduates go into Legal Practice, while the other half is readily absorbed into government, the corporate sector, the not-for-profit sector and a host of other occupations. Furthermore, while Legal Practice has been a dynamic site of growth, the expansion has been largely concentrated in metropolitan centres...
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work life or work work corporate Legal Practice in the twenty first century
International Journal of The Legal Profession, 2016Co-Authors: Margaret ThorntonAbstract:AbstractThis article problematises the rhetorical phrase of the moment—work/life balance (WLB)—with particular regard to large corporate law firms, many of which have recently become global conglomerates as a result of amalgamation. The principals and partners of these firms, like their corporate clients, are more concerned with cutting costs and maximising profits than whether the lawyers they employ are able to attain a ‘good life’. While flexible work has been sought by women lawyers for some time as the essential prerequisite to effecting gender equality, the reality has proved to be somewhat disappointing. Indeed, both men and women are stigmatised for seeking to work flexibly which poses a dilemma for the prospect of gender equality. Drawing on responses to a web-based survey and follow-up interviews with male and female lawyers in Australia in 2012–13, it is argued that, far from flexible work constituting a solution, it may not only entrench the masculinist identity of the ideal lawyer but it may ...
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work life or work work corporate Legal Practice in the twenty first century
Social Science Research Network, 2015Co-Authors: Margaret ThorntonAbstract:This article problematises the rhetorical phrase of the moment ― work/life balance (WLB) ― with particular regard to large corporate law firms, many of which have recently become global conglomerates as a result of amalgamation. The principals and partners of these firms, like their corporate clients, are more concerned with cutting costs and maximising profits than whether the lawyers they employ are able to attain a ‘good life’. While flexible work has been sought by women lawyers for some time as the essential prerequisite to effecting gender equality, the reality has proved to be somewhat disappointing. Indeed, both men and women are stigmatised for seeking to work flexibly which poses a dilemma for the prospect of gender equality. Drawing on responses to a web-based survey and follow-up interviews with male and female lawyers in Australia in 2012/2013, it is argued that, far from flexible work constituting a solution, it may not only entrench the masculinist identity of the ideal lawyer but it may also contribute to the dissolution of the boundary between law and life.
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the new knowledge economy and the transformation of the law discipline
Social Science Research Network, 2014Co-Authors: Margaret ThorntonAbstract:This paper examines the dramatic increase in the number of law students in Australia over the past two decades. The transformation of Legal education can be attributed to the neoliberal turn, the embrace of the new knowledge economy, the adoption of a user pays philosophy for higher education, the low cost of law courses and consumer demand. While the profession might have muttered that 'there were too many lawyers', it did little to inhibit the explosion in numbers. The profession itself has experienced substantial growth and subsequent transformation as a result of competition policy. The paper will briefly consider the emergence of innovative structures, including multi-disciplinary Practices (MDPs), incorporated Legal Practices (ILPs), listing on the stock exchange and the emergence of global law firms. What is perhaps most distinctive about the Australian scenario is that less than half of all law graduates go into Legal Practice; the other half is readily absorbed into government, the corporate sector, the not-for-profit sector and a host of other occupations. Furthermore, while Legal Practice and alternative destinations have been dynamic sites of Legal employment, this growth has been largely concentrated in metropolitan centres. In fact, the evidence suggests that there may not be enough lawyers to service rural, regional and remote (RRR) areas. Although the word 'lawyer' is a broad term with many meanings, the evidence suggests that the 'too many lawyers' refrain does not apply in Australia.
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the gender trap flexible work in corporate Legal Practice
Osgoode Hall Law Journal, 2007Co-Authors: Margaret Thornton, Joanne BagustAbstract:Despite the fact that women comprise well over 50 per cent of law graduates in many parts of the world, women lawyers continue to be clustered disproportionately in the lower echelons of the profession. This paper considers the role of flexible work as a gender equity strategy and is illuminated by interviews with lawyers in elite corporate firms in Australia. It is argued that far from being a panacea, flexible work is being invoked to confine women to subordinate roles and to restrict access to partnerships. Not only is there a residual suspicion of the feminine in positions of authority and resistance to the idea of bodily absence from the workplace, but also the contemporary market discourse has erased a commitment to social justice and equality.
Eric L Talley - One of the best experts on this subject based on the ideXlab platform.
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is the future of law a driverless car assessing how the data analytics revolution will transform Legal Practice
Journal of Institutional and Theoretical Economics-zeitschrift Fur Die Gesamte Staatswissenschaft, 2018Co-Authors: Eric L TalleyAbstract:Data analytics are quickly transforming law, challenging its survival as a vibrant profession for natural persons. I argue that data analytics will continue to penetrate law, even in domains heretofore dominated by human decision-makers. I demonstrate this claim by describing how machine-learning techniques can be used to identify important fiduciary waivers. Notwithstanding their transformative power, however, I remain doubtful that data analytics will substantially displace law. The most powerful approaches in data analytics as applied to law require human practitioner inputs to train, calibrate, and supervise machine classifiers. Moreover, law's normative/prescriptive commitments are irreducibly dynamic and complex - traits poorly matched to algorithmic prediction.
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is the future of law a driverless car assessing how the data analytics revolution will transform Legal Practice
Social Science Research Network, 2017Co-Authors: Eric L TalleyAbstract:Machine learning and artificial intelligence technologies (“data analytics”) are quickly transforming research and Practice in law, raising questions of whether the law can survive as a vibrant profession for natural persons to enter. In this article, I argue that data analytics approaches are overwhelmingly likely to continue to penetrate law, even in domains that have heretofore been dominated by human decision makers. As a vehicle for demonstrating this claim, I describe an extended example of using machine learning to identify and categorize fiduciary duty waiver provisions in publicly disclosed corporate documents. Notwithstanding the power of machine learning techniques, however, I remain doubtful that data analytics will categorically displace lawyers from the Practice of law, for two reasons. First, many of the most powerful approaches in data analytics as applied to law are likely to continue to require human practitioner inputs to train, calibrate and supervise machine classifiers. And second, the underlying evolutionary process that characterizes Legal doctrine and precedent is irreducibly dynamic and complex – traits that are poorly adapted to pure algorithmic decision-making. Consequently, aspiring Legal researchers and practitioners should not fear entering the field, but in doing so they would be well advised to invest in skill sets that are complementary to data analytics techniques.
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 2009
Social Science Research Network, 2010Co-Authors: Laurel S. Terry, Carole Silver, Ellyn S. RosenAbstract:This article identifies some of the most important U.S. and international developments in transnational Legal Practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on Legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign applicants and proposed changes to the Qualified Lawyers Transfer Test used in England and Wales. The U.S. developments cited in this article include the Conference of Chief Justices’ discipline cooperation agreements with the CCBE and with the Law Council of Australia, various developments related to admission of foreign applicants in U.S. states, important Legal education and admission developments, new state adoptions of foreign Legal consultant and temporary Practice rules, and the creation of the ABA Commission on Ethics 20/20, which has been asked, inter alia, to consider the impact of globalization on the Legal profession and lawyer regulation. This article also surveys various trade developments related to Legal services, including the 2009 “Legal Services Initiative” of the Asia Pacific Economic Cooperation (APEC). The U.S. is a member of APEC, which represents approximately forty percent of the world’s population, fifty-four percent of world GDP, and forty-three percent of world trade.
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transnational Legal Practice 2009
44 International Lawyer 563 (2010), 2010Co-Authors: Laurel S. Terry, Carole Silver, Ellyn S. RosenAbstract:Attorneys in the international offices of the nation’s top law firms weren’t spared a pummeling by a recession that hit global proportions in 2009. A big piece of the four percent decline in the total number of attorneys at large law firms came from losses in international offices . . . Law firms with significant foreign Practices saw their numbers in those offices decline—often sharply—as they struggled to adjust to plummeting demand from clients.1
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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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transnational Legal Practice 2006 2007
Social Science Research Network, 2008Co-Authors: Laurel S. Terry, Carole Silver, Robert E. Lutz, Ellyn S. Rosen, Carol A. Needham, Peter D. EhrenhaftAbstract:This article reviews developments in transnational Legal Practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to Legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional Practice rules. In other areas, the international developments section addresses the development of a code of conduct for defense counsel practicing before the International Criminal Court and developments in the Financial Action Task Force (FATF). With respect to U.S. transnational Legal Practice developments, the article reviews U.S. bilateral free trade initiatives, lawyer discipline cooperation initiatives and significant litigation. The regional developments section documents the emergence in Australia of the first publicly-traded law firm and Australia's efforts to promote greater multijurisdictional Practice for Australian lawyers in the U.S. This section also reviews various European developments, including European competition law initiatives, the Akzo Nobel case currently pending before the European Court of Justice, and developments related to the free movement of lawyers, codes of conduct, money laundering and lawyer education.
