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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 …

Materials Submitted To The Technical Subgroup (Tsg) Of The Expert Group On International Economic And Social Classifications, Laurel S. Terry

Laurel S. Terry

This document is a collection of materials showing the different kinds of legal services classification systems. This material was presented to a United Nations committee studying classification issues. Laurel Terry appeared on behalf of the International Bar Association's GATS Task Force.

Lawyers, Gats, And The Wto Accountancy Disciplines: The History Of The Wto's Consultation, The Iba Gats Forum And The September 2003 Iba Resolutions, Laurel S. Terry

Laurel S. Terry

This article addresses issues related to legal services and the General Agreement on Trade in Services or GATS. GATS Article VI:4 requires Member States to develop "any necessary disciplines." WTO Members currently are in the process of deciding whether to extend the WTO Accountancy Disciplines, S/L/64, to other service sectors, including legal services. In December 2002, the WTO sent the International Bar Association (IBA) (and other non-governmental organizations) a "consultation letter" requesting the IBA's views about changes it would like to see in the WTO Accountancy Disciplines. The IBA responded to the WTO consultation with the May 2003 IBA GATS …

But What Will The Wto Disciplines Apply To? Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry

Laurel S. Terry

One of the issues currently facing World Trade Organization (WTO) Member States is whether to extend to the legal profession and other service providers the WTO Disciplines for Domestic Regulation in the Accountancy Sector [Accountancy Disciplines]. The Accountancy Disciplines document applies to regulatory measures that would be considered domestic regulations under Article VI:4 of the GATS, rather than market access or national treatment measures under Articles XVI or XVII of the GATS. This paper argues that in order to meaningfully discuss whether to extend the Accountancy Disciplines to the legal profession, U.S. policy-makers and stakeholders need to understand the type …

Mdps, “Spinning,” And Wouters V. Nova, Laurel S. Terry

Laurel S. Terry

Mdps, 'Spinning,' And Wouters V. Nova, Laurel S. Terry

Laurel S. Terry

In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an undertaking that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban could reasonably be considered necessary in order to ensure the proper practice of the legal profession; and 4) that it was reasonable …

An “Issue Checklist” For The Aba Commission On Multidisciplinary Practice, Laurel S. Terry

Laurel S. Terry

Lawyers Without Frontiers - A View From Germany, Laurel S. Terry, Martin Henssler

Laurel S. Terry

A Survey Of Legal Ethics Education In Law Schools, Laurel S. Terry

Laurel S. Terry

German Mdps: Lessons To Learn, Laurel S. Terry

Laurel S. Terry

This article is the third of four major articles or book chapters that I have written about MDPs. This article focuses on German multidisciplinary partnerships (MDPs) between lawyers and accountants. The German MDP experience is important because Germany is one of the few jurisdictions that expressly permits MDPs and because conferences about World Trade Organization's General Agreement on Trade in Services (the GATS) have cited to Germany when suggesting that other countries' MDP bans may be unnecessarily restrictive. After introducing common MDP regulatory issues, this article focuses on Germany. The article explains Germany's current regulation of MDPs and provides a …

A Primer On Mdps: Should The 'No' Rule Become A New Rule, Laurel S. Terry

Laurel S. Terry

This article is the second of four major articles or book chapters that I have written about MDPs. "MDPs" refers to multidisciplinary partnerships or multidisciplinary practices between lawyers and nonlawyers. Prior to 1998, virtually all U.S. states had lawyer discipline rules that prohibited a lawyer from sharing legal fees with a nonlawyer or practicing law in partnership with a nonlawyer. In 1998, however, the American Bar Association created a Commission on Multidisciplinary Practice to reconsider these rules. One impetus for the creation of this Commission was the increasingly large numbers of lawyers who were working for the Big 5 Accounting …

An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel S. Terry

Laurel S. Terry

This article focuses on the 1998 Paris Forum on Transnational Practice for the Legal Profession and introduces the papers contained in the Paris Forum Symposium. The Paris Forum was the first meeting of lawyers from around the world devoted solely to the topic of transnational legal practice. Before the Paris Forum, some bar organizations had set aside time during their meetings to discuss the transnational practice of law and issues related to transnational legal services also had been included as topics in general conferences. The multi-day Paris Forum, however, was the first multi-day conference devoted to this topic. This paper …

What If ...? The Consequences Of Court Invalidation Of Lawyer-Accountant Multidisciplinary Partnership (Mdp) Bans, Laurel S. Terry, Clasina Houtman Mahoney

Laurel S. Terry

This article was written about the lower court decision that led to the European Court of Justice’s Wouters MDP case. It It includes a translation of the lower court decision. It explores the consequences that might occur if a court, such as the Dutch Council of State or the Texas Supreme Court, were to invalidate existing prohibitions on partnerships between lawyers and accountants, which are referred to here as multidisciplinary partnerships or MDPs. The article begins with an overview of the MDP phenomenon. It includes the responses of various bar associations to the MDP phenomenon. It summarizes Wouters et. al …

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

Laurel S. Terry