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Full-Text Articles in Legal Profession

Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele Dec 2014

Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele

Fred Rooney

A legal conversion between Justin Steele, Executive Articles Editor of the UMass Law Review and Fred Rooney, Director of the International Justice Center for Post-Graduate Development at Touro Law Center.


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 …


Cracks In The Profession's Monopoly Armor, John Sahl Jan 2014

Cracks In The Profession's Monopoly Armor, John Sahl

John Sahl

This article examines the legal profession’s long-held monopoly in the nation’s legal services market in the context of two recent developments. The first development concerns the Conference of Chief Justices’ (CCJ) recent adoption of Resolution 15, “Encouraging Adoption of Rules Regarding Admission of Attorneys Who Are Dependents of Service Members.” Resolution 15 urges state bar authorities to develop and implement rules permitting admission without examination of lawyers who are military dependents. The CCJ’s rule promotes competition by facilitating the movement of lawyers from one geographic market to another.

The second development is Washington Supreme Court’s new Admission to Practice Rule …


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 …


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 …