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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.

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Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley Jan 1985

Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley

Michigan Journal of International Law

This article describes the nature of a legal practice involving business transactions with entities in the P.R.C. and the role of the foreign, or non-national, lawyer in such transactions. Part I focuses on the increasing volume of Chinese legislation and international agreements affecting foreign trade and investment in the P.R.C., and the difficulties of keeping abreast of and interpreting this recent legislation. Part II examines the role of foreign lawyers in Chinese business transactions. It also discusses the need for competence in the Chinese language, practical problems encountered in practicing in the P.R.C., and the use of local Chinese counsel. …

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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 …

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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.

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Transformation Of Disputes By Lawyers: What The Dispute Paradigm Does And Does Not Tell Us, The, Carrie Menkel-Meadow Jan 1985

Transformation Of Disputes By Lawyers: What The Dispute Paradigm Does And Does Not Tell Us, The, Carrie Menkel-Meadow

Journal of Dispute Resolution

In this essay I will examine the dispute paradigm and its critique through the prism of one of the agents of dispute processing--the lawyer. This is not a simple task because in some studies of dispute processing, the dispute is the independent variable and the lawyer (the agent of dispute transformation) is the dependent variable. In other studies the reverse is true or the relationship is unclear. Are divorces made worse because of lawyers' or do the dynamics of divorce disputes force lawyers to become particularly adversarial and antagonistic? I choose this prism because the transformation of disputes conception not …

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Transitional Legal Practice And Professional Ideology, Bryant G. Garth Jan 1985

Transitional Legal Practice And Professional Ideology, Bryant G. Garth

Michigan Journal of International Law

This essay assumes that there are three other reasons for studying transnational legal practice. First, such a study provides a way to explore some of the dilemmas that we often overlook about our domestic legal system. In both the domestic and transnational legal settings we are uncomfortable with the idea of law as "merely a business"; troubled by the invasion of "legality" into domains that once had seemed immune from state regulation; wary of the expense of "mega" law and litigation; reticent about a "total justice" which is expected to compensate individual victims of every unpleasant social accident; and nervous …

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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 …

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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.

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Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt Jan 1985

Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt

Michigan Journal of International Law

This article examines two sources of ethical constraint on U.S. lawyers practicing international human rights law: the Model Code of Professional Responsibility (CPR or Model Code), which was adopted by the American Bar Association (ABA) in 1969, and the Model Rules of Professional Conduct (Model Rules), which were adopted in 1983. Part I establishes that these sources apply to the U.S. lawyer regardless of whether or not the lawyer is in the United States and whether or not he is acting as an attorney. Attorneys who leave the countries where they practice law and travel to other nations to observe …

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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 …

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A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman Jan 1985

A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman

Michigan Journal of International Law

This note argues that the JFBA's position is legally untenable. There is no legal bar to the establishment of firms by U.S. attorneys unlicensed to practice in Japan, provided they restrict their activities to advising non-Japanese companies on foreign and international law. Two central issues shape this debate: (1) the extent of the bengoshi monopoly conferred by the Lawyer Law; and (2) the scope of Japan's obligation to the United States under the Treaty of Friendship, Commerce, and Navigation (FCN Treaty) concluded in 1953.

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U.S. Law Of Attorney-Client Privilege As Applied To Non-U.S. Lawyers: A Reciprocity Issue?, Hetty L. Richardson Jan 1985

U.S. Law Of Attorney-Client Privilege As Applied To Non-U.S. Lawyers: A Reciprocity Issue?, Hetty L. Richardson

Michigan Journal of International Law

Part I of this note considers whether U.S. federal and state law applies the attorney-client privilege equally to communications with U.S. and non-U.S. attorneys. It concludes that, contrary to the ILP's position, the law on this issue is not firm. In light of the policy issues raised by the AM & S decision, part II considers factors that may justify discriminating between U.S. and non-U.S. lawyers, or among non-U.S. lawyers. It concludes that the public interest may be served best by extending the attorney-client privilege to communications with some, but not all, non-U.S. lawyers. Part III presents a proposal for …

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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 …

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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 …

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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.

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Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law Jan 1985

Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law

Michigan Journal of International Law

Glossary of terms used in this volume.

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A New Tort Liability For Lack Of Informed Consent In Legal Matters, Cornelius J. Peck May 1984

A New Tort Liability For Lack Of Informed Consent In Legal Matters, Cornelius J. Peck

Louisiana Law Review

No abstract provided.

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Babes And Barristers: Legal Ethics And Lawyer-Facilitated Independent Adoptions, Linda Jean Davie Jan 1984

Babes And Barristers: Legal Ethics And Lawyer-Facilitated Independent Adoptions, Linda Jean Davie

Hofstra Law Review

No abstract provided.

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Use And Non-Use Of Contract Law In Japan, Whitmore Gray Jan 1984

Use And Non-Use Of Contract Law In Japan, Whitmore Gray

Articles

This article first defines the scope of enquiry, then surveys some of the existing literature, and finally, presents the results of my preliminary survey interviews and questionnaire. It is my hope that it will serve as a basis form discussion leading to better definition of the problems for research in this area, and will suggest ways to proceed to gather the information necessary for more sophisticated exposition and commentary.

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Corporate And Related Attorney-Client Privilege Claims: A Suggested Approach, Stephen A. Saltzburg Jan 1984

Corporate And Related Attorney-Client Privilege Claims: A Suggested Approach, Stephen A. Saltzburg

Hofstra Law Review

No abstract provided.

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Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris Nov 1983

Ethical Problems For Lawyers Upon Trust Terminations: Conflicts Of Interest, Joel C. Dobris

University of Miami Law Review

Trust terminations pose ethical problems for lawyers. Beneficiaries often view the trustee's lawyer as "their" lawyer. The Code of Professional Responsibility and the recently adopted Model Rules of Professional Conduct provide little guidance in resolving the conflicts of interest that arise in trust terminations

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Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr. Apr 1983

Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.

University of Michigan Journal of Law Reform

This Note advocates an amendment to the ethical standards governing attorneys that will permit the personal solicitation for pecuniary gain of sophisticated prospective clients - that is, those persons having general knowledge of their legal needs and the expertise to assess adequately the information and presentation of an attorney. Part I of this Note shows that lawyer solicitation is a form of commercial speech under recent Supreme Court decisions. It also asserts that, though the traditional reasons for banning lawyer solicitation still have some validity, these reasons do not justify prohibiting the solicitation of sophisticated clients. Part II suggests some …

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Poor People's Lawyers In Transition, Michigan Law Review Mar 1983

Poor People's Lawyers In Transition, Michigan Law Review

Michigan Law Review

A Review of Poor People's Lawyers in Transition by Jack Katz

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Are There Too Many Lawyers, H. Allan Leal Jan 1983

Are There Too Many Lawyers, H. Allan Leal

Canada-United States Law Journal

No abstract provided.

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The Views Of The Practising Bar, Roger D. Yachetti Jan 1983

The Views Of The Practising Bar, Roger D. Yachetti

Canada-United States Law Journal

No abstract provided.

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Are There Too Many Lawyers, Wm. Reece Smith Jr. Jan 1983

Are There Too Many Lawyers, Wm. Reece Smith Jr.

Canada-United States Law Journal

No abstract provided.

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Are There Too Many Lawyers--The Governments View, Lawson A.W. Hunter Jan 1983

Are There Too Many Lawyers--The Governments View, Lawson A.W. Hunter

Canada-United States Law Journal

No abstract provided.

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Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood Jan 1983

Legal Ethics And Class Actions: Problems, Tactics And Judicial Responses, Richard H. Underwood

Law Faculty Scholarly Articles

Perhaps no procedural innovation has generated more controversy than the class action. As Professor Arthur Miller has observed, debate over “class action problem[s]” has raged at several different levels. For example, opponents and proponents of class actions disagree on whether such actions produce socially desirable results in an economical fashion and whether an already overburdened judiciary can handle the additional supervisory demands of the class action. Recently, a somewhat more ideological dialogue has addressed the merit of publicly funded class actions. Such questions arise only indirectly in the context of class action litigation. However, a certain hostility toward class actions …

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Lawyer Decisionmaking And Threshold Analysis, Stuart S. Nagel Jul 1982

Lawyer Decisionmaking And Threshold Analysis, Stuart S. Nagel

University of Miami Law Review

No abstract provided.

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Lawsuit, Michigan Law Review Mar 1982

Lawsuit, Michigan Law Review

Michigan Law Review

A Review of Lawsuit by Stuart M. Speiser

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