Open Access. Powered by Scholars. Published by Universities.®

Legal Profession Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal services

Discipline
Institution
Publication Year
Publication
Publication Type
File Type

Articles 121 - 146 of 146

Full-Text Articles in Legal Profession

Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self Jan 1985

Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self

Michigan Journal of International Law

Perhaps the most difficult question facing legal professional associations is how to treat outsiders, particularly attorneys from foreign countries. The issue has become more acute as the growth of international trade and investment has led attorneys, following their clients, to attempt to establish themselves permanently in foreign legal jurisdictions. In fact, over the past three years the problem of transnational legal practice has, at least between the United States and Japan, become a trade issue in its own right. As U.S. lawyers attempt to tear down Japanese barriers against foreign legal "consultants," foreign attorneys in the United States struggle against …


The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld Jan 1985

The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld

Michigan Journal of International Law

This article identifies and analyzes the special areas which the Western lawyer must consider when advising a client regarding an East-West transaction. These areas, although interrelated, have been categorized for clarity and ease of analysis. Part I outlines approaches for dealing with the legal and economic environment in which business negotiations are conducted. It describes the practical knowledge that lawyers must possess in order to help clients gain access to non-market countries. It also explains the process of identifying and understanding the roles and duties of various parties in Eastern countries. Part II discusses the structuring of contract negotiations in …


The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young Jan 1985

The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young

Michigan Journal of International Law

The issues raised in connection with delivery of legal services in Japan are complex and best understood against the backdrop of the development of the legal profession in Japan. Part I of this article discusses the history of the Japanese legal profession, especially its recent history. Part II shows how this development has shaped the issues in the current dispute. It recounts the development of the dispute, the arguments that have been made on the Japanese and American sides, and the course of the negotiations over legal services as part of the Japan-U.S. trade agenda. This article concludes with a …


Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law Jan 1985

Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law

Michigan Journal of International Law

To some Western readers, the function of Chinese lawyers as described in translations of the Provisional Regulations will appear comparable to the function of lawyers in the United States and many Western European countries. In at least one news release following enactment of the law, however, the government of the People's Republic of China denied any apparent similarity. A reprint of the Regulations and the Chinese Government's position as published in the Renmin Ribao, the official government newspaper, follows.-eds.


The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo Jan 1985

The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo

Michigan Journal of International Law

This article discusses the practice of foreign commercial lawyers operating through branch offices of foreign firms in the Sultanate of Oman. In order to see how the present situation has developed, it is necessary to consider the particular circumstances of modern Oman. Part I outlines some important aspects of Oman's history. Part II focuses on the development of the Omani legal and judicial system since 1970 with regard to commercial law. Finally, part III examines the practice of the foreign lawyer operating in Oman, and illustrates the kind of legal work which he may carry out.


Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis Jan 1985

Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis

Michigan Journal of International Law

This note employs Saudi Arabia as an example of an Islamic country that has retained its religious traditions while being forced by economic necessity to adopt some Western commercial practices. Part I reviews the legal system of Saudi Arabia, highlighting the major differences and similarities between it and Western commercial law. Part II considers the legal requirements and cultural norms which Western attorneys should be prepared to observe while practicing in a traditional Islamic society. It suggests that strict adherence to custom and the Saudi Government's recent attempts to strengthen restrictions on both the professional and personal lives of expatriates …


Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard Jan 1985

Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard

Michigan Journal of International Law

This note argues that the Treaty of Rome has had, and will continue to have, little impact on legal practitioners within the European Community. Part I examines Community barriers to transnational legal practice among the EC nations. It looks first at the history and shortcomings of the 1977 Directive on Freedom of Lawyers to Provide Services. It then describes the effect of the failure of the Council of the European Community to enact a directive mandating mutual recognition of legal degrees. It concludes that neither the Council nor the European Court of Justice is likely to eliminate existing Community-wide barriers …


Gatt As A Framework For Multilateral Negotiations On Trade In Legal Services, Dean N. Menegas Jan 1985

Gatt As A Framework For Multilateral Negotiations On Trade In Legal Services, Dean N. Menegas

Michigan Journal of International Law

While a number of commentators have discussed the adaptability of the GATT to problems of trade in services, none have specifically addressed its applicability to lawyering or other professional services. Part I considers the GATT's progress on services issues to date. Part II identifies and classifies the barriers to transnational legal practice. Part III explores the possibility of liberalizing many of these barriers through the application of GATT substantive concepts and the use of GATT procedural mechanisms.


Legal Services And The Trade And Tariff Act Of 1984, Michael K. Grace Jan 1985

Legal Services And The Trade And Tariff Act Of 1984, Michael K. Grace

Michigan Journal of International Law

Part I of this note outlines the major nontariff barriers (NTBs) to trade in services. Part II discusses the provisions of the Trade and Tariff Act that are aimed at the reduction of those barriers. Part III examines the applicability of the TTA to legal services and the potential limitations on the provisions of an international agreement for that particular service industry. It concludes that concerns over state sovereignty, while no longer posing a constitutional obstacle to an international agreement on trade in services, will remain an important political force in the shaping of such an agreement.


Sharing Among The Human Capitalists: An Economic Inquiry Into The Corporate Law Firm And How Partners Split Profits, Ronald J. Gilson, Robert H. Mnookin Jan 1985

Sharing Among The Human Capitalists: An Economic Inquiry Into The Corporate Law Firm And How Partners Split Profits, Ronald J. Gilson, Robert H. Mnookin

Faculty Scholarship

Large corporate law firms seem to be in a state of extraordinary flux. Success and failure are both on the rise. Large firms appear to supply a substantial and growing proportion of the legal services consumed by American business enterprises and to hire a significant fraction of the graduating classes of elite American law schools. Moreover, the last twenty years have witnessed a remarkable expansion in both the number of large firms and the absolute size of the biggest. But accompanying this striking success, there are also signs of serious institutional instability. During the last few years, several previously successful …


Book Review. Law In The Balance: Legal Services In The Eighties By Philip A. Thomas (Ed.), Bryant G. Garth Jan 1982

Book Review. Law In The Balance: Legal Services In The Eighties By Philip A. Thomas (Ed.), Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Lawyer Competence And The Law Schools, Roger C. Cramton Jan 1981

Lawyer Competence And The Law Schools, Roger C. Cramton

University of Arkansas at Little Rock Law Review

No abstract provided.


Book Review, James R. Elkins May 1977

Book Review, James R. Elkins

Vanderbilt Law Review

Shaffer suggests a new paradigm for law practice that is not based on rigid control of clients in an impersonal attorney-client relationship. He argues forcefully that disregard for the client's emotions ignores important "facts" that can be used in the law office and the legal process. Shaffer's work suggests the possibility of gaining personal satisfaction and of providing more adequate legal services by actively counseling and understanding clients. Such a humanistic approach to the practice of law can be rooted only in an awareness of the psychological and social defenses erected against both the attorney's clients and the attorney's impact …


Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich Jan 1977

Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich

Cleveland State Law Review

Sometime ago, the New York Times reported that Erwin Griswold -former Dean of the Harvard Law School, former President of the American Bar Foundation, former Solicitor General of the United States, and one of my own mentors and friends -was asked whether all private lawyers should donate some of their time and talents to serving the poor. "Should carpenters build houses free?" he responded. The question was obviously intended as rhetorical, but in view of Mr. Griswold's stature in the legal profession his analogy deserves serious consideration, and his views deserve a serious response. My comments attempt to provide that …


Mobilizing Private Law, Richard O. Lempert Jan 1976

Mobilizing Private Law, Richard O. Lempert

Book Chapters

The mobilization of law may be thought of as the process by which legal norms are invoked to regulate behavior. In the area of private law, mobilization has two distinct aspects. The first is the process by which existing disputes become engaged in the legal system. In theory this means that disputes are transferred from an arena where their resolution and the enforcement of resolutions depends on the relative power of the parties as enhanced or constrained by non-governmental normative systems to an arena where disputes are resolved by reference to governmental (legal) norms and resolutions enforced by the power …


The Myth Of Sisyphus: Legal Services Efforts On Behalf Of The Poor, Lawrence E. Rothstein Jan 1974

The Myth Of Sisyphus: Legal Services Efforts On Behalf Of The Poor, Lawrence E. Rothstein

University of Michigan Journal of Law Reform

In Greek mythology there is a story about the tyrant, Sisyphus, who is condemned to suffer everlasting anguish. Eternally, he rolls a huge rock up the steep side of a mountain only to have it roll down again just as he reaches the top. Such is the plight in which the poor person finds himself when confronting the legal system. If the poor individual is able to overcome the massive obstacles placed between him and full, fair litigation of his case, he finds that the rules to be applied to the case are stacked against him. This situation is not …


Legal Paraprofessionalism And Its Implications: A Bibliography, Lester Brickman Nov 1971

Legal Paraprofessionalism And Its Implications: A Bibliography, Lester Brickman

Vanderbilt Law Review

If access to legal services is thus essential for the attainment of democratic values, then the efficacy of the legal delivery system is of supreme importance. Much has been written examining the inefficiency of present methods of law practice as a means of conveying services to the consumer,' and still more written decrying the shortage of basic legal services for the poor and for the middle class.' In response to this criticism and as a way of meeting other needs, the profession is trying such new delivery systems as group legal services, prepaid legal insurance, and specialized practice. Additionally, there …


Preventive Law And The Legal Assistant, Louis M. Brown Nov 1971

Preventive Law And The Legal Assistant, Louis M. Brown

Vanderbilt Law Review

An examination of paraprofessionalism may begin with an evaluation of society's need for legal services, a need that is not always obvious,nor indeed even recognized by the general public.' One area in which the provision of legal services to all but the most wealthy clients is notably deficient is that of preventive law. This kind of legal practice seeks to help individuals regulate their activities to avoid legal trouble, in contrast to the litigating aspect of law that comes into play only after a dispute has developed. Since the practice of preventive law requires the use of specialized tools and …


The Constitutionality Of Restrictions On Poverty Law Firms: A New York Case Study., Michael Botein Jan 1971

The Constitutionality Of Restrictions On Poverty Law Firms: A New York Case Study., Michael Botein

Articles & Chapters

Government-funded poverty law firms are presently providing essential legal services to poor people throughout the country. These firms have met with varying responses from the bar and the courts. In this article, Professor Botein examines the response of New York's Appellate Division, First Department-a comprehensive set of regulations governing the practice of law by poverty law firms. After analyzing these regulations and the constitutional issues they raise, the author concludes that both procedurally and substantively there is strong doubt concerning their validity.


Group Legal Services For Trade Associations, Richard D. Copaken Apr 1968

Group Legal Services For Trade Associations, Richard D. Copaken

Michigan Law Review

This Article will examine the goals of the Canons of Professional Ethics in this trade association context, noting the pre-Button limitations on the representation of members of such associations, and analyzing the possible impact of the three cases on the development of group legal services in this area. Hopefully, the perspective gained from such an examination may prove useful in the difficult task immediately confronting the legal profession: reformulation of the Canons to bring them into conformity with Button, BRT and UMW while minimizing, on the one hand, the loss of those traditional conceptions which have continuing value and …


The Right To Representation By Out-Of-State Attorneys In Civil Rights Cases, Edward F. Sherman Jan 1968

The Right To Representation By Out-Of-State Attorneys In Civil Rights Cases, Edward F. Sherman

Articles by Maurer Faculty

No abstract provided.


Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review Dec 1967

Legal Aid--Lay Control And Organizational Complexity Render Oeo Legal Service Program Unacceptable To New York Court--In Re Community Action For Legal Services, Inc., Michigan Law Review

Michigan Law Review

The Office of Economic Opportunity (OEO) and the New York City Council Against Poverty approved the organization and the OEO funding of three legal service corporations as part of a comprehensive program to provide legal assistance to New York City's poor. According to the plan, the first corporation, Community Action for Legal Services, Inc. (CALS), was to approve proposed plans for setting up and operating neighborhood law offices with OEO funds and then to supervise and coordinate the agencies that sought to put those plans into operation. These agencies, operating as delegates of CALS, and under subcontracts with it, were …


The Solo Practitioner And The Poverty Program, Howard M. Rossen Jan 1966

The Solo Practitioner And The Poverty Program, Howard M. Rossen

Cleveland State Law Review

For economic reasons the young individual general practitioner must accept and handle practically all potential new business. He must expect to get, at first, repetitive legal matters that will constitute a large part of his early practice. And he must learn quickly how to handle a very demanding clientele. He will learn very quickly that solo practice is not the most lucrative type of law practice.


The Growing Need For Specialized Legal Services, Elliott E. Cheatham Jun 1963

The Growing Need For Specialized Legal Services, Elliott E. Cheatham

Vanderbilt Law Review

In this lecture Professor Cheatham discusses the specialization of lawyers, a topic of increasing interest and importance to members of the bar. He concludes that while there is a need for specialists in the practice of law, the general practitioner remains vital to the profession.The author lists problems inherent in specialization including training in a particular area, and coordination and cooperation between the specialist, the client, and the generalist, and emphasizes a need for the bar to take an active part in the solution of these problems.


The Contingent Fee Contract In Massachusetts, Kenneth B. Hughes Jan 1963

The Contingent Fee Contract In Massachusetts, Kenneth B. Hughes

Articles by Maurer Faculty

No abstract provided.


Attorney And Client - Drafting Legal Instruments As Practice Of Law, Milton Rabinowitz Mar 1937

Attorney And Client - Drafting Legal Instruments As Practice Of Law, Milton Rabinowitz

Michigan Law Review

In citation of defendant for contempt for unlicensed practice of law, held, that the preparing of a note and chattel mortgage and advising as to the legal effect thereof constitutes practice of law. " . . . [The practice of law] includes . . . drawing of wills, deeds, mortgages and other instruments of like character, where a legal knowledge is required, and where counsel and advice are given with respect to the validity and legal effect of such instruments . . . . " State v. Barlow, (Neb. 1936) 268 N. W. 95.