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Legal Ethics and Professional Responsibility

Selected Works

Laurel S. Terry

Articles 1 - 30 of 37

Full-Text Articles in Legal Profession

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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Resources And Urls Related To Aba Model Rule Of Professional Conduct 5.4 (Originally Prepared For The May 2019 Aba Cpr Conference In Vancouver), Laurel S. Terry Dec 2018

Resources And Urls Related To Aba Model Rule Of Professional Conduct 5.4 (Originally Prepared For The May 2019 Aba Cpr Conference In Vancouver), Laurel S. Terry

Laurel S. Terry

This document is the updated version of the Rule 5.4 Resources list prepared for the May 31, 2019 panel entitled "Considering Rule 5.4" at the 45th ABA National Conference on Professional Responsibility held in Vancouver, Canada.

It contains URLs to various documents related to ABA Model Rule of Professional Conduct 5.4. The items in this "Resources" document are organized under the following subheadings:
  • Rule 5.4
  • Rule 5.4 State variations chart
  • Rationale for Rule 5.4
  • State Versions of Rule 5.4 that Differ From/Supplement ABA Model Rule 5.4:
  • Jurisdictions that Currently Are Considering Rule 5.4 Issues (Arizona, California, Utah)
  • U.S. Groups That …

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Examples Of Regulatory Objectives For The Legal Profession (Updated March 2, 2019), Laurel S. Terry Dec 2018

Examples Of Regulatory Objectives For The Legal Profession (Updated March 2, 2019), Laurel S. Terry

Laurel S. Terry

This short document contains several examples of regulatory objectives:

1) the regulatory objectives adopted by the Supreme Courts of Colorado, Illinois, and Washington;

2) the regulatory objectives adopted by the Nova Scotia Barristers' Society in 2014 and updated in 2016;

3) the regulatory objectives that Laurel Terry, Steve Mark, and Tahlia Gordon recommended in this lengthy 2012 article with many examples, which were summarized in this 9-page Terry article and these slides

4) the regulatory objectives the ABA adopted in February 2016; and

5) the regulatory objectives found in Section 1 of the UK's Legal Services Act 2007.

This document …

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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 Dec 2018

Iclr 2019 Conference Handout: Resources Related To "Outside The Law Office: Where Do The Boundaries Of Regulation Lie?", Laurel S. Terry

Laurel S. Terry

This handout was prepared for the ICLR 2019 Conference held in Edinburgh, Scotland: https://www.lawscot.org.uk/members/cpd-training/iclr-2019/programme/.  The session was entitled "Outside the Law Office: Where Do the Boundaries of Regulation Lie?.”  This handout is divided into four sections:

1) the "remit of regulation” in the United States;
2) international and U.S. resources related to the topic of lawyers’ separate business interests;
3) international and U.S. resources related to the topic of lawyers’ use of social media; and
4) lawyers in the gig economy.

In addition to the resources listed in this handout, Laurel Terry’s conference presentation referred to the ABA …

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Us State Implementation Of 5 Methods Of Foreign Lawyer Practice In The United States, Laurel S. Terry May 2018

Us State Implementation Of 5 Methods Of Foreign Lawyer Practice In The United States, Laurel S. Terry

Laurel S. Terry

This document was originally prepared for a Jan. 2014 presentation on Globalization and Regulation for the Conference of Chief Justices. Since that time, I have regularly updated this map which shows state implementation of the five methods of ACTIVE foreign lawyer practice in the U.S.

This document presents data collected by other entitites, including the ABA Center for Professional Responsibility and the National Conference of Bar Examiners. I periodically update this document and replace it with the most recent version. (To confirm that the most recent version is here, email Laurel Terry at Penn State Dickinson Law (LTerry@psu.edu).

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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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Foreword: Why “Tradition, Innovation, And New Beginnings: Celebrating The History Of The Dickinson Law Review” Is An Appropriate Title For Volume 122(1), Laurel S. Terry Dec 2016

Foreword: Why “Tradition, Innovation, And New Beginnings: Celebrating The History Of The Dickinson Law Review” Is An Appropriate Title For Volume 122(1), Laurel S. Terry

Laurel S. Terry

This Article, which is entitled "Tradition, Innovation, and New Beginnings: Celebrating the History of the Dickinson Law Review" is the Foreword to Volume 122(1) of the Dickinson Law Review. It includes information about the history of Penn State Dickinson Law and its law review that will help current and future students at Penn State Dickinson Law, readers, alumni, and friends of the law school understand why that title was an appropriate one.

The "tradition" part of the title is easy to understand. The Dickinson Law Review is the fifth oldest currently operating law review in the country. It is published …

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The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry Dec 2015

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry

Laurel S. Terry

The idea behind this Article is Ben Franklin's statement that "an ounce of prevention is worth a pound of cure." This Article builds on the author's prior articles that argue that one can think about lawyer regulation issues as involving who-what-when-where-why-and-how to regulate issues. This Article addresses the issue of "WHEN" regulation should occur. It argues that regulators should be trying to PREVENT problems, as well as responding AFTER problems occur.

This Article is primarily directed toward those who regulate U.S. lawyers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to …

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Transnational Legal Practice 2015, Laurel S. Terry Dec 2015

Transnational Legal Practice 2015, Laurel S. Terry

Laurel S. Terry

This 2015 Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the year related to transnational legal practice (TLP).   This year’s article builds on the work set forth in the 2014 Year-in-Review. 
 
The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.”  One group of TLP-Nets is nationally based and the other is inherently transnational. The 2014 article identified examples of TLP-Nets and highlighted the meeting points and relationships that facilitate border-crossing for the variety of actors involved in TLP …

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When It Comes To Lawyers… Is An Ounce Of Prevention Worth A Pound Of Cure?, Laurel S. Terry Dec 2015

When It Comes To Lawyers… Is An Ounce Of Prevention Worth A Pound Of Cure?, Laurel S. Terry

Laurel S. Terry

This 3-page blog post addresses the topic of proactive lawyer regulation, which is also known as proactive management-based regulation or PMBR.  This blog post reviews Professor Susan Fortney's article entitled "Promoting Public Protection through an “Attorney Integrity” System: Lessons from the Australian Experience with Proactive Regulation System,"  and summarizes some of the impressive data that Professor Fortney collected in Australia, including her finding that sixty-two percent of the respondents reported that they agreed or strongly agreed with the following statement: the self-assessment process ‘was a learning exercise that enabled our firm to improve client service.’” The article also reports that …

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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 …

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Lawyers, Regulation Of, Laurel S. Terry Dec 2014

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 …

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Globalization And Regulation, Laurel S. Terry Dec 2014

Globalization And Regulation, Laurel S. Terry

Laurel S. Terry

This chapter is part of a 20-chapter book that features essays by subject-matter experts and advances and sharpens the dialogue within the bar about accelerating disruption of the legal services marketplace. It identifies forces that are creating pressure for regulatory change across the United States, summarizes regulatory reforms that have taken place elsewhere in the world, and highlights issues that U.S. lawyer regulators must confront soon in response to a rapidly evolving legal industry. It concludes by offering predictions about the future course of lawyer regulation in the United States. While it is impossible to know exactly which regulatory changes …

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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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Trends In Global Lawyer Regulation, Laurel S. Terry Dec 2012

Trends In Global Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

These 2013 slides summarize and categorize trends in global discussions of lawyer regulation. These slides use the "who-what-when-where-why-and-how" structure set forth in two law review articles in order to discuss changes in lawyer regulation that are happening around the world or that are the subject of discussion. The articles on which these slides are based are: Laurel S. Terry, Steve Mark, Tahlia Gordon, Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology, 80 Fordham L. Rev. 2661 (2012), https://works.bepress.com/laurel_terry/6/, and Laurel S. Terry, Trends in Global and Canadian Lawyer Regulation, 76 Saskatchewan L. Rev. 145 (2013), …

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Why Your Jurisdiction Should Consider Jumping On The Regulatory Objectives Bandwagon, Laurel S. Terry Dec 2012

Why Your Jurisdiction Should Consider Jumping On The Regulatory Objectives Bandwagon, Laurel S. Terry

Laurel S. Terry

The “regulatory objectives movement” is a relatively new movement that can be traced to events culminating in the adoption of the 2007 UK Legal Services Act. Section 1 of that Act, which was hotly debated, set forth the regulatory objectives that the Act—and its implementation—should achieve. The UK Act was followed by initiatives in a number of other national jurisdictions that sought to identify regulatory objectives for the legal profession. In short, it is increasingly common to find jurisdictions adopting an explicit and succinct statement of the objectives they are trying to achieve when they regulate lawyers. This article recommends …

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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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Creating An International Network Of Lawyer Regulators: The 2012 International Conference Of Legal Regulators, Laurel S. Terry Dec 2012

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 …

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

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 …

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Trends In Global And Canadian Lawyer Regulation, Laurel S. Terry Dec 2012

Trends In Global And Canadian Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

Globalization and technology have changed the practice of law in dramatic ways. This is true not only in the U.S. and Canada, but around the world. Global regulatory trends have begun to emerge as lawyer regulators have had to respond to new developments. In 2012, Australian regulators Steve Mark and Tahlia Gordon and the author, who is a U.S. academic, documented some of these global trends in lawyer regulation. See Laurel S. Terry, Steve Mark, & Tahlia Gordon, Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology, 80 Fordham L. Rev. 2661 (2012), https://works.bepress.com/laurel_terry/95/. Their article …

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Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon Dec 2011

Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon

Laurel S. Terry

Globalization and technology have changed the practice of law in dramatic ways.  This is true not only in the United States, but around the world. In this article, author Laurel Terry, along with Australian regulators Steve Mark and Tahlia Gordon, documented some of these global trends in lawyer regulation.  Their article concluded that regulators face issues in common regarding “who” is regulated, “what” or whom is regulated, “when” regulation occurs, “where” regulation occurs, “how” it occurs, and “why” regulation occurs. 
 
This article uses this who-what-when-where-why-and-how framework to discuss events around the world.  These developments include the 2007 UK Legal …

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A Survey Of Professional Responsibility Courses At American Law Schools In 2009, Laurel S. Terry, Andrew Perlman, Margaret Raymond Dec 2008

A Survey Of Professional Responsibility Courses At American Law Schools In 2009, Laurel S. Terry, Andrew Perlman, Margaret Raymond

Laurel S. Terry

This short article summarizes the results of a survey about the teaching of legal ethics in U.S. law schools. In Spring 2009, under the leadership of its Chair Laurel Terry and Executive Committee Members Andy Perlman and Margaret Raymond, the AALS [Association of American Law Schools] Section on Professional Responsibility circulated a survey to learn more about how professional responsibility is taught at American law schools. A link to the online survey, which was directed to legal ethics teachers nationwide, was emailed to AALS Professional Responsibility Section members and publicized elsewhere. We received 105 responses from at least 77 different …

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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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A 'How To' Guide For Incorporating Global And Comparative Perspectives Into The Required Professional Responsibility Course, Laurel S. Terry Dec 2006

A 'How To' Guide For Incorporating Global And Comparative Perspectives Into The Required Professional Responsibility Course, Laurel S. Terry

Laurel S. Terry

This article was written for an AALS symposium on "Teaching Legal Ethics" and discusses how to incorporate global and comparative perspectives into the required Professional Responsibility course. The scope of the paper is much broader, however. The first half of the paper explains why global and comparative perspectives are relevant to contemporary law practice. This section explains why global perspectives are relevants to clients and lawyers and explains why lawyer regulators now use a more global approach to regulation than previously. The second half illustrates how one can introduce global and comparative perspectives into a professional responsibility course without taking …

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Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry Dec 2005

Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry

Laurel S. Terry

The Bologna Process is a dramatic development that is less than ten years old, but already it has significantly reshaped higher education in Germany and in Europe. This article is based on my research regarding the history and objectives of the Bologna Process and Bologna Process implementation in Germany. It contains my reflections about the Bologna Process and German legal education and my recommendations to the German legal education community.

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U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel S. Terry Dec 2004

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 …

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