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Legal Ethics and Professional Responsibility

Legal profession

Laurel S. Terry

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International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry Dec 2018

International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

This 8-page document was the CLE Handout for my Akron Law School Miller Becker Center for Professional Responsibility Lecture entitled "International Developments, International Developments, and their Impact on U.S. Legal Ethics and Lawyer Regulation."  It uses the "who-what-when-where-why-and-how" framework that Steve Mark, Tahlia Gordon and I used in our 2012 article entitled Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology (and that I later used in ICLR, NOBC, and AALS handouts).  This updated version cites developments through March 2019.  Each of the “who-what-when-where-why-and-how” to regulate categories contains a section describing global developments, followed by one or …

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Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry Dec 2018

Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry

Laurel S. Terry

This document is a bibliography of resources related to anti-money laundering (AML) initiatives related to lawyers and the legal profession.  This document is an updated version of the document that originally was prepared for the panel on Lawyers and Anti-Money Laundering and Terrorist Finance Initiatives at the Nov. 2018, APRL/LSEW Conference entitled Crisscrossing the Pond: Transatlantic Issues in Legal Ethics and Law Firm Regulation.

This Resources document contains links to U.S., U.K, EU, Canadian, and Australian legal profession-AML resources, as well as links to FATF webpages and documents that include the FATF Mutual Evaluations page, the 2008 and 2019 …

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The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles Dec 2017

The Relevance Of Fatf’S Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

More than two hundred countries in the world have agreed to abide by the anti-money laundering (“AML”) recommendations developed by the Financial Action Task Force (“FATF”), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF’s fourth round of mutual evaluations. During these mutual evaluations, which currently are underway, FATF-affiliated countries examine each other’s compliance with the FATF Recommendations and recommend follow-up action. This Article first presents the legal profession-related results from the completed Mutual Evaluation Reports, including case studies from Australia, Canada, and the United States regarding legal profession preparation for …

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Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles Nov 2017

Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles

Laurel S. Terry

These presentation slides were used at the December 2017 Fordham Regulation of Legal and Judicial Services Conference andwill be the basis for our forthcoming article in Volume 41 of the Fordham J. of International Law, entitled "The Relevance of FATF's Recommendations and the 4th Round of Mutual Evaluations to the Legal Profession."These slides focus on FATF’s 4th round of “Mutual Evaluations, which currently are underway.  During these mutual evaluations, FATF-affiliated countries examine each other’s compliance with the FATF Recommendations and recommend follow-up action for those countries whose lawyer regulation or implementation is not in compliance.  
 
As the …

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Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry Oct 2015

Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry

Laurel S. Terry

As a Lichtenstein Distinguished Lecturer, Professor Terry was asked to write an article for the Hofstra Law Review. Her article, cited below, may be downloaded from the link at the top of the page. Laurel S. Terry, Globalization and the ABA Commission on Ethics 20/20: Reflections on Missed Opportunities and the Road Not Taken, 43 Hofstra L. Rev. 95 (2014) 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 …

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Admitting Foreign-Trained Lawyers In States Other Than New York: Why It Matters, Laurel S. Terry Nov 2014

Admitting Foreign-Trained Lawyers In States Other Than New York: Why It Matters, Laurel S. Terry

Laurel S. Terry

n 2014, the Conference of Chief Justices adopted Resolution 11: In Support of the Framework Created by the State Bar of Georgia and the Georgia Supreme Court to Address Issues Arising from Legal Market Globalization and Cross-Border Legal Practice. This Framework is often referred to as the “State Toolkit.” 

This article explains what the State Toolkit is, why it exists, and how each state can use the Toolkit to address issues related to foreign lawyers inbound to their jurisdiction. This section of the article includes statistics that show the degree to which globalization affects all U.S. states and the likelihood …

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Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry Dec 2013

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 …

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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 Dec 2012

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 …

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Transnational Legal Practice (International)[2010-2012], Laurel S. Terry Dec 2012

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 …

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Laurel Terry's Summary & Supplement To The U.S. Lawyer Aml Voluntary Good Practices Guidance [A "Red Flags" Two-Pager], Laurel S. Terry Dec 2010

Laurel Terry's Summary & Supplement To The U.S. Lawyer Aml Voluntary Good Practices Guidance [A "Red Flags" Two-Pager], Laurel S. Terry

Laurel S. Terry

This "two pager" summarizes information found the Voluntary Good Practices Guidance, which was developed by representatives from the American Bar Association (ABA), the American College of Trusts and Estates Counsel (ACTEC), and other organizations. See https://perma.cc/3QRH-5U7Q. In August 2010, the ABA adopted the Voluntary Good Practices Guidance. See Among other things, Resolution 116 calls on "state, local, and specialty bar associations to embrace the Good Practices Guidance and to educate legal professionals and law students regarding the risks addressed by the Guidance." See https://perma.cc/S5KU-U7MB.

This "two-pager" was prepared in that spirit of education. It lists in two pages the money …

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The Future Regulation Of The Legal Profession: The Impact Of Treating The Legal Profession As 'Service Providers', Laurel S. Terry Dec 2007

The Future Regulation Of The Legal Profession: The Impact Of Treating The Legal Profession As 'Service Providers', Laurel S. Terry

Laurel S. Terry

In the past fifty years, one has heard debates about whether law is a business, a profession, or both, what these terms mean and whether it matters. Regardless of what one thinks about these debates, there is a new paradigm that must be added to the mix, which is the paradigm of lawyers as "service providers." In the "service providers" paradigm, the legal profession is not viewed as a separate, unique profession entitled to its own individual regulations, but is included in a broader group of "service providers," all of whom can be regulated together. This new paradigm represents a …

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An “Issue Checklist” For The Aba Commission On Multidisciplinary Practice, Laurel S. Terry Dec 2000

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

Laurel S. Terry

Appendix 2 to Gary Munneke and Ann McNaughton's book about MDPs was the "Issue Checklist" that Professor Laurel Terry prepared for the ABA Commission on Multidisciplinary Practice (the ABA MDP Commission). This checklist identified the issues that Professor Terry believed the Commission should consider as it evaluated whether to amend ABA Model Rule of Professional Conduct 5.4 to permit MDPs.

Although this Issue Checklist was prepared in 1999, many of the issues it identifies remain relevant when considering issues related to alternative business structures (ABS) and alternative law practice structures (ALPS). It is relevant to the work of groups such …

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