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Legal services

Laurel S. Terry

International Trade Law

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Full-Text Articles in Legal Profession

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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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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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 …

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The Revised Handbook About The Gats General Agreement On Trade In Services For International Bar Association Member Bars, Laurel S. Terry Dec 2012

The Revised Handbook About The Gats General Agreement On Trade In Services For International Bar Association Member Bars, Laurel S. Terry

Laurel S. Terry

The Revised GATS Handbook updates the Handbook that was published ten years ago by the International Bar Association (IBA). The goal of the revised Handbook is to enable IBA Member Bars to understand their jurisdiction’s current GATS obligations and to enable them to meaningfully engage with each other and with their government representatives regarding the current GATS negotiations that are taking place under the auspices of the World Trade Organization. The IBA’s Revised GATS Handbook reviews the substantive provisions of the GATS; explains how these GATS substantive provisions apply in the context of legal services; sets forth some of the …

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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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Transnational Legal Practice 2009, Laurel S. Terry, Carole Silver, Ellyn Rosen Dec 2009

Transnational Legal Practice 2009, Laurel S. Terry, Carole Silver, Ellyn Rosen

Laurel S. Terry

This article identifies some of the most important U.S. and international developments in transnational legal practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign applicants and …

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The Gats And Legal Services In Limerick, Laurel S. Terry Dec 2006

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.

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Materials Submitted To The Technical Subgroup (Tsg) Of The Expert Group On International Economic And Social Classifications, Laurel S. Terry Dec 2003

Materials Submitted To The Technical Subgroup (Tsg) Of The Expert Group On International Economic And Social Classifications, Laurel S. Terry

Laurel S. Terry

This document is a collection of materials showing the different kinds of legal services classification systems. This material was presented to a United Nations committee studying classification issues. Laurel Terry appeared on behalf of the International Bar Association's GATS Task Force.

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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 Dec 2003

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 …

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But What Will The Wto Disciplines Apply To? Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry Dec 2002

But What Will The Wto Disciplines Apply To? Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry

Laurel S. Terry

One of the issues currently facing World Trade Organization (WTO) Member States is whether to extend to the legal profession and other service providers the WTO Disciplines for Domestic Regulation in the Accountancy Sector [Accountancy Disciplines]. The Accountancy Disciplines document applies to regulatory measures that would be considered domestic regulations under Article VI:4 of the GATS, rather than market access or national treatment measures under Articles XVI or XVII of the GATS. This paper argues that in order to meaningfully discuss whether to extend the Accountancy Disciplines to the legal profession, U.S. policy-makers and stakeholders need to understand the type …

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An Introduction To The Paris Forum On Transnational Practice For The Legal Profession, Laurel S. Terry Dec 1998

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 …

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