Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Profession

Selected Works

GATS

Articles 1 - 14 of 14

Full-Text Articles in Law

Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft Oct 2015

Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft

Laurel S. Terry

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …


Transnational Legal Practice 2006-07, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Robert Lutz, Peter D. Ehrenhaft Oct 2015

Transnational Legal Practice 2006-07, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Robert Lutz, Peter D. Ehrenhaft

Laurel S. Terry

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …


Transnational Legal Practice [2014], Laurel S. Terry, Carole Silver Dec 2014

Transnational Legal Practice [2014], Laurel S. Terry, Carole Silver

Laurel S. Terry

This article focuses on Transnational Legal Practice (TLP) activities that took place in 2014, along with 2013 activities that were not addressed in the previous year’s TLP article. In the authors’ view, meeting points and connective relationships are where the action is in TLP. This article highlights some of the meeting points and relationships that affect border-crossing for a variety of actors involved in TLP policy-making and practice. It refers to “TLP-Nets,” using the term “Nets” to suggest the notion of a network. Networks are “boundary-spanning and boundary-creating structures that affect the roles of organizational actors, including business corporations, voluntary …


Legal Services In The United States, Laurel S. Terry, Erica Moeser Dec 2013

Legal Services In The United States, Laurel S. Terry, Erica Moeser

Laurel S. Terry

This Chapter was the first of several case studies on domestic regulation included in Part III of this book. The Chapter began by noting the evolving regulatory environment for legal services in the United States. It provided an overview of the United States’ regulatory structure for legal services and included a section on pathways to licensure as a fully qualified United States lawyer. This Chapter also addressed trends towards modification of eligibility requirements, the rise of the Uniform Bar Examination (UBE), and provided a view of the future, including expanded access for foreign lawyers in the United States. The Chapter …


The Revised Handbook About The Gats General Agreement On Trade In Services For International Bar Association Member Bars, Laurel S. Terry Dec 2012

The Revised Handbook About The Gats General Agreement On Trade In Services For International Bar Association Member Bars, Laurel S. Terry

Laurel S. Terry

The Revised GATS Handbook updates the Handbook that was published ten years ago by the International Bar Association (IBA). The goal of the revised Handbook is to enable IBA Member Bars to understand their jurisdiction’s current GATS obligations and to enable them to meaningfully engage with each other and with their government representatives regarding the current GATS negotiations that are taking place under the auspices of the World Trade Organization. The IBA’s Revised GATS Handbook reviews the substantive provisions of the GATS; explains how these GATS substantive provisions apply in the context of legal services; sets forth some of the …


Transnational Legal Practice 2009, Laurel S. Terry, Carole Silver, Ellyn Rosen Dec 2009

Transnational Legal Practice 2009, Laurel S. Terry, Carole Silver, Ellyn Rosen

Laurel S. Terry

This article identifies some of the most important U.S. and international developments in transnational legal practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign applicants and …


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 …


The Gats And Legal Services In Limerick, Laurel S. Terry Dec 2006

The Gats And Legal Services In Limerick, Laurel S. Terry

Laurel S. Terry

One of the most significant regulatory developments for legal services is their inclusion in the 1994 General Agreement on Trade in Services or GATS. The GATS was the first world trade agreement to cover services rather than goods and it applies to legal services. The GATS in Limerick is a light-hearted but nonetheless serious effort to address the most important legal services-related GATS developments in the last twelve years. These verses cover the basic principles of the GATS, the ongoing market access negotiations and the efforts to develop disciplines on domestic regulation.


Materials Submitted To The Technical Subgroup (Tsg) Of The Expert Group On International Economic And Social Classifications, Laurel S. Terry Dec 2003

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 Dec 2003

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 Dec 2002

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 …


An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel S. Terry Dec 1998

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 …


Part 2: An Introduction To The European Community's Legal Ethics Code Part Ii: Applying The Ccbe Code Of Conduct, Laurel S. Terry Dec 1992

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

This article, which is Part 2 in a series, examines the CCBE Code of Conduct and continues where the prior article left off. See An Introduction to the European Community's Legal Ethics Code Part I: An Analysis of the CCBE Code of Conduct, 7 Georgetown J. of Legal Ethics 1 (1993). "CCBE" is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to …


An Introduction To The European Community's Legal Ethics Code Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel S. Terry Dec 1992

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

This article, which is Part 1 of two articles, examines the CCBE Code of Conduct. CCBE is the acronym used to describe the Council of the Bars and Law Societies of the European Community; the CCBE has been recognized as the official representative of the legal profession with the European Community. In 1988, the CCBE adopted a code of conduct that was intended to apply to situations in which lawyers from one CCBE Member of Observer State were involved with lawyers from another CCBE State. This article summarizes the development of the CCBE Code of Conduct, explains who it applies …