A Case Study of the Hybrid Model for Facilitating Cross-Border Legal Practice: The Agreement Between the American Bar Association and the Brussels Bars

Abstract:     
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.

Number of Pages in PDF File: 119

Keywords: lawyers, legal ethics, Brussels, ABA, global legal practice, cross-border practice, trade in legal services, legal ethics, scope of practice, forms of association, ethics and discipline

JEL Classification: l8, l84, K33, N70

Accepted Paper Series