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Professionals’ Contribution to the Legislative Process: Between Self, Client and the Public

39(1) Law and Social Inquiry 96-126 (2014)

66 Pages Posted: 5 Nov 2012 Last revised: 16 Jan 2017

Adam S. Hofri-Winogradow

Hebrew University of Jerusalem; University of Connecticut - School of Law; Western Ontario University, Faculty of Law

Date Written: November 5, 2012

Abstract

How may professionals be made to contribute to legislative processes so that their expertise redounds to the public interest, despite the legislative product being likely to have a negative impact on their clients’ wealth? Drawing on a case study of the legislative process which gave birth to Israel’s recent (2002-8) trusts taxation regime, based on five years of participant-observation among the trust professional community, I find that to obtain the benefit of private sector professionals' expertise under such circumstances, government should have legislation drafted in a dispassionate, exclusive environment of experts rather than in the political arena; it should build professionals’ trust in government by adopting an explicitly collegial approach; it should focus reform efforts on elements of the existing law so clearly inequitable as to make a refusal to contribute difficult to justify; and take care that the new regime creates a compliance practice lucrative enough to compensate for any loss to professionals consequent on its enactment. Once professionals’ interests are suitably safeguarded, their loyalty to clients appears surprisingly brittle, and government can successfully combine with them in the public interest.

Keywords: trusts, tax, trusts taxation, professionals, lawyers, accountants, bankers, STEP, trust professionals, legislation, legislative process

JEL Classification: E62, E60, E61, E63, E65, E66, G18, G28, H24, H26, H87, J44, K34, L84, M41, P43

Suggested Citation

Hofri-Winogradow, Adam S., Professionals’ Contribution to the Legislative Process: Between Self, Client and the Public (November 5, 2012). 39(1) Law and Social Inquiry 96-126 (2014). Available at SSRN: https://ssrn.com/abstract=2171335

Adam S. Hofri-Winogradow (Contact Author)

Hebrew University of Jerusalem ( email )

Mt. Scopus Campus
Jerusalem, 9190501
Israel
523592980 (Phone)
523592980 (Fax)

HOME PAGE: http://en.law.huji.ac.il/people/adam-hofri

University of Connecticut - School of Law ( email )

65 Elizabeth Street
Hartford, CT 06105
United States

Western Ontario University, Faculty of Law ( email )

London, Ontario
Canada

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