Our Federalism: The United States and the Regulation of Lawyers (original) (raw)

The Case of the Foreign Lawyer: Internationalizing the U.S. Legal Profession

SSRN Electronic Journal, 2000

The Article examines a group of approximately three hundred foreign layer LL.M. graduates working in New York between 1999 and 2000, and presents information about their nationality, education, and employment. This information is supplemented with stories of individual foreign lawyers, as well as with the large law firm perspective as articulated by hiring partners at a number of U.S.-based elite international firms. The Article considers the experiences of foreign lawyers in U.S. law schools and law firms, and explores the ways in which these organizations and the foreign lawyers come together to further their respective ends.

A UNIFORM RULE GOVERNING THE ADMISSION AND PRACTICE OF ATTORNEYS BEFORE UNITED STATES DISTRICT COURTS

The increase in the interstate and international practice of law necessitates a review of the rules governing the admission of attorneys to practice before federal district courts. By virtue of the sweep of their jurisdictional net, federal district courts are likely to be the fora for litigating most interstate or international disputes. The present rules, based upon the antiquated notion that lawyers only rarely practice law in federal district court, and then only in the federal district court located in the state in which they practice, do not address this change in the practice of law. For these reasons, a new Rule concerning the admission to practice law in federal district courts, and designed to account for the recent changes in the practice of law, is worth serious consideration. The Rule is based on the theory that lawyers will act ethically by handling only those legal matters within their competence and that clients will act intelligently when hiring a lawyer. The Rule will not result in a system of perfect client representation by lawyers in federal courts, but will provide the federal district courts with some assurance of lawyer competence. For these reasons, and because a single rule providing for the admission of lawyers to practice law before all federal district courts is more than a decade overdue, this Rule should be implemented as soon as possible.

Transnational Legal Practice 2006-2007

2008

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other areas, the international developments section addresses the development of a code of conduct for defense counsel practicing before the International Criminal Court and developments in the Financial Action Task Force (FATF). With respect to U.S. transnational l...

What We Know and Need to Know About Global Lawyer Regulation

2016

Global lawyer regulation is a messy topic. It both challenges the definition of what is under review and complicates the job of determining the scope of relevant investigation. This messiness relates to foundational issues of what ‘global’ means, who is considered a ‘lawyer,’ and even what constitutes ‘regulation.’ In addition and equally relevant, an increasingly diverse set of actors and organizations are involved in producing legal services in a global context. On one hand, simply describing the identities and the scope of services provided by these actors and organizations guides policymakers interested in considering what they know and should know about the focus of their policymaking and regulatory efforts. On the other hand, understanding how regulation shapes the conduct of participants in the global market for legal services would offer insight relevant to thinking through the appropriate balance between overly burdensome regulation that is certain to undermine competitiven...

GLOBALIZATION AND DEREGULATION OF LEGAL SERVICES•

Abstract In a series of influential papers, Larry Ribstein (2010, 2011) delivered his vision about the future of the market of legal services, including legal education and the structure of law firms. In this paper, we review current trends at the global level and discuss the extent to which globalization of legal services has in fact promoted or induced deregulation.