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 …
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 …
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 …
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 …
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 …
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 …
