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The Impact Of Global Developments On U.S. Legal Ethics During The Past Thirty Years, Laurel S. Terry
The Impact Of Global Developments On U.S. Legal Ethics During The Past Thirty Years, Laurel S. Terry
Laurel S. Terry
When It Comes To Lawyers… Is An Ounce Of Prevention Worth A Pound Of Cure?, Laurel S. Terry
When It Comes To Lawyers… Is An Ounce Of Prevention Worth A Pound Of Cure?, Laurel S. Terry
Laurel S. Terry
Why U.S. Jurisdictions Should Adopt ‘Regulatory Objectives’ For The Legal Profession, Laurel S. Terry
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 …
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 Global “Landscape” Of Lawyer Regulation (Including U.S. Developments), Laurel S. Terry
The Global “Landscape” Of Lawyer Regulation (Including U.S. Developments), Laurel S. Terry
Laurel S. Terry
Trends In Global Lawyer Regulation, Laurel S. Terry
Trends In Global 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
A Survey Of Professional Responsibility Courses At American Law Schools In 2009, Laurel S. Terry, Andrew Perlman, Margaret Raymond
A Survey Of Professional Responsibility Courses At American Law Schools In 2009, Laurel S. Terry, Andrew Perlman, Margaret Raymond
Laurel S. Terry
The Future Regulation Of The Legal Profession: The Impact Of Treating The Legal Profession As 'Service Providers', Laurel S. Terry
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
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.
A 'How To' Guide For Incorporating Global And Comparative Perspectives Into The Required Professional Responsibility Course, Laurel S. Terry
A 'How To' Guide For Incorporating Global And Comparative Perspectives Into The Required Professional Responsibility Course, Laurel S. Terry
Laurel S. Terry
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 …
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
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 …
Mdps, 'Spinning,' And Wouters V. Nova, 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 …
German Mdps: Lessons To Learn, 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
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
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
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