Law | Open Access Articles | Digital Commons Network™

Increasingly in recent years, critics and commentators have noted the importance of the role of culture within the lawyering process. Lawyers now understand better than they used to that culture matters in their day to day work with clients, and that not all cultures share the same habits, customs, values, traditions and preferences. This article explores how the reality of cultural diversity might affect some fundamental lawyering practices and models, and specifically the models for interviewing and counseling. In their work, lawyers must take cultural background into consideration expressly, but at the same time they must avoid harmful and unfair …

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Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay Dec 2001

Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

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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 …

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Mdps, 'Spinning,' And Wouters V. Nova, Laurel S. Terry Dec 2001

Mdps, 'Spinning,' And Wouters V. Nova, Laurel S. Terry

Laurel S. Terry

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 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 ban could reasonably be considered necessary in order to ensure the proper practice of the legal profession; and 4) that it was reasonable …

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