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Iclr 2019 Conference Handout: Resources Related To "Outside The Law Office: Where Do The Boundaries Of Regulation Lie?", Laurel S. Terry
Iclr 2019 Conference Handout: Resources Related To "Outside The Law Office: Where Do The Boundaries Of Regulation Lie?", Laurel S. Terry
Laurel S. Terry
The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry
The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry
Laurel S. Terry
Transnational Legal Practice 2015, Laurel S. Terry
Transnational Legal Practice 2015, Laurel S. Terry
Laurel S. Terry
An Introduction To The Financial Action Task Force And Its 2008 Lawyer Guidance, Laurel S. Terry
An Introduction To The Financial Action Task Force And Its 2008 Lawyer Guidance, Laurel S. Terry
Laurel S. Terry
The Financial Action Task Force (FATF) is a thirty-eight-member intergovernmental organization whose mission is to fight money laundering and terrorism financing; the U.S. is a founding member of the FATF. The FATF is best known for its 40 Recommendations, many of which are directed towards various kinds of “gatekeepers” who are in a position to facilitate or inhibit money laundering and terrorism financing. (These were previously known as the 40+9 Recommendations). Lawyers are among those to whom the FATF’s recommendations apply. This article provides the introduction for the Journal of the Professional Lawyer’s Symposium about the application of the FATF …
The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry
The Legal World Is Flat: Globalization And Its Effect On Lawyers Practicing In Non-Global Law Firms, Laurel S. Terry
Laurel S. Terry
While lawyers in these large global law firms usually are aware of why globalization is relevant to them, other U.S. lawyers may not think that the globalization phenomenon affects them. A comment frequently heard is "Law is local so I don't have to worry about globalization affecting me or my practice." The goal of this article is to look at Friedman's work through the lens of legal services and to answer several questions, including: • Whether Friedman's analysis is relevant to what has happened in the field of legal services; • Whether a U.S. lawyer who doesn't practice in a …
Lawyers, Regulation Of, Laurel S. Terry
Lawyers, Regulation Of, Laurel S. Terry
Laurel S. Terry
This article was written for the second edition of the International Encyclopedia of the Social & Behavioral Sciences. It begins with a “Definitions” section that notes several reasons why it can be difficult to discuss the topic of the “regulation of lawyers.” First, there is no agreed-upon definition of the term “lawyer.” In jurisdictions that have a unified legal profession, the meaning of the term may be clear, but in jurisdictions that do not have a unified legal profession (e.g. solicitors and barristers in England or jurisdictions that do not permit in-house counsel to be licensed “lawyers”), one must specify …
Globalization And Regulation, Laurel S. Terry
Globalization And Regulation, Laurel S. Terry
Laurel S. Terry
Admitting Foreign-Trained Lawyers In States Other Than New York: Why It Matters, Laurel S. Terry
Admitting Foreign-Trained Lawyers In States Other Than New York: Why It Matters, Laurel S. Terry
Laurel S. Terry
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Laurel S. Terry
The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …
Trends In Global Lawyer Regulation, Laurel S. Terry
Trends In Global Lawyer Regulation, Laurel S. Terry
Laurel S. Terry
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?, Laurel S. Terry
Laurel S. Terry
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 …
Creating An International Network Of Lawyer Regulators: The 2012 International Conference Of Legal Regulators, Laurel S. Terry
Creating An International Network Of Lawyer Regulators: The 2012 International Conference Of Legal Regulators, Laurel S. Terry
Laurel S. Terry
This short article provides an overview of the first-ever "International Conference of Legal Regulators," which was held in London in September 2012. It includes background information about the history of the London conference, identifies some of the London programs and attendees, and provides links to the website on which the London Conference materials are posted. The article also includes a brief discussion of the benefits that an international network might provide and explains that international networks are common in other regulated fields. Finally, this article provides information about the upcoming second International Conference of Legal Regulators, which will be held …
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Laurel S. Terry
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 …
Transnational Legal Practice (United States) [2010-2012], Laurel S. Terry
Transnational Legal Practice (United States) [2010-2012], Laurel S. Terry
Laurel S. Terry
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 …
Trends In Global And Canadian Lawyer Regulation, Laurel S. Terry
Trends In Global And Canadian Lawyer Regulation, Laurel S. Terry
Laurel S. Terry
Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon
Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon
Laurel S. Terry
Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine
Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine
Samuel J. Levine
Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …
Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine
Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine
Samuel J. Levine
Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …
U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel S. Terry
U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel S. Terry
Laurel S. Terry
This Article reviews the influence of comparative law during the past 100 years on the field of U.S. legal ethics. It begins by defining the field of legal ethics and then divides the last 100 years into three distinct comparative legal ethics eras. The first era consists of the time period between 1904 and 1973, during which there was both domestic and comparative legal ethics scholarship, although a relatively small amount compared to later years. The second time period, which dates from 1974, when legal ethics became a required course, to 1997, represents the coming of age of domestic legal …
Mdps, “Spinning,” And Wouters V. Nova, Laurel S. Terry
Mdps, “Spinning,” And Wouters V. Nova, Laurel S. Terry
Laurel S. Terry
Part 2: An Introduction To The European Community's Legal Ethics Code Part Ii: Applying The Ccbe Code Of Conduct, Laurel S. Terry
Part 2: An Introduction To The European Community's Legal Ethics Code Part Ii: Applying The Ccbe Code Of Conduct, Laurel S. Terry
Laurel S. Terry
An Introduction To The European Community's Legal Ethics Code Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel S. Terry
An Introduction To The European Community's Legal Ethics Code Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel S. Terry
Laurel S. Terry