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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 …


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 …


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), …


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 …


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 …


Mdps, “Spinning,” And Wouters V. Nova, Laurel S. Terry Dec 2001

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

Laurel S. Terry

This article is one of a series of articles by Professor Laurel Terry regarding the topic of MDPs of multidisciplinary partnerships. 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 multidisciplinary 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 …


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 …