Abstract

http://ssrn.com/abstract=1424010
 
 

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Transnational Legal Practice 2008


Laurel S. Terry


Penn State Law

Carole Silver


Northwestern University School of Law

Ellyn S. Rosen


American Bar Association

Carol A. Needham


Saint Louis University - School of Law

Jennifer Haworth McCandless


affiliation not provided to SSRN

Robert Lutz


Southwestern Law School

Peter D. Ehrenhaft


affiliation not provided to SSRN

2009

The International Lawyer, Vol. 43, No. 2, pp. 943-967, 2009

Abstract:     
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.

Number of Pages in PDF File: 26

Keywords: legal services, GATS, Akzo Nobel, ABA, legal education, FATF, CCBE, CCJ, international legal ethics, legal profession

JEL Classification: K33, l84, K10, 120, F01, L8, N70

Accepted Paper Series


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Date posted: June 25, 2009 ; Last revised: September 16, 2010

Suggested Citation

Terry, Laurel S. and Silver, Carole and Rosen, Ellyn S. and Needham, Carol A. and McCandless, Jennifer Haworth and Lutz, Robert and Ehrenhaft, Peter D., Transnational Legal Practice 2008 (2009). The International Lawyer, Vol. 43, No. 2, pp. 943-967, 2009. Available at SSRN: http://ssrn.com/abstract=1424010

Contact Information

Laurel S. Terry (Contact Author)
Penn State Law ( email )
333 W. South Street
Carlisle, PA 17013
United States
(717) 240-5262 (Phone)
(717) 240-5126 (Fax)
HOME PAGE: http://law.psu.edu/faculty/resident_faculty/terry
Carole Silver
Northwestern University School of Law ( email )
375 East Chicago Avenue
Chicago, IL 60611
United States
HOME PAGE: http://www.law.northwestern.edu/faculty/profiles/CaroleSilver/
Ellyn S. Rosen
American Bar Association ( email )
321 North Clark Street
Chicago, IL 60610
United States
(312) 988-5311 (Phone)
Carol A. Needham
Saint Louis University - School of Law ( email )
100 N. Tucker Blvd.
St. Louis, MO 63108
United States
314 977 7104 (Phone)
Jennifer Haworth McCandless
affiliation not provided to SSRN ( email )
Robert Lutz
Southwestern Law School ( email )
3050 Wilshire Blvd.
Los Angeles, CA 90010
United States
Peter D. Ehrenhaft
affiliation not provided to SSRN ( email )
Feedback to SSRN


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