Global Trends in Lawyer Regulation University of the Pacific, McGeorge School of Law Sacramento, January 10, 2013 Professor Laurel S. Terry (LTerry@psu.ed) Penn State Dickinson School of Law Overview 1. Globalization and the Legal Profession 2. Global Trends in Lawyer Regulation Who regulates lawyer? What and whom is regulated? When are lawyers regulated? Where are lawyers regulated? How are lawyers regulated? Why are lawyers regulated? 2
My Background & Scholarship Transparency: E.g.: Int l Lawyer Year-in-Review articles; Paris Forum; IBA WTO Resolutions; ABA-Brussels Bar Agreement Exploration & Mapping: E.g.: The WTO & the GATS, the Bologna Process, antitrust initiatives, FATF, MDPs, & regulatory objectives Commentary: E.g.: The Legal World is Flat; The New Service Providers Paradigm; Trends in Global Lawyer Regulation Reform Proposals: Rule 5.1; an umbrella organization for global regulators, etc. 3 I. Globalization & the Legal Profession Source: WTO Secretariat Report on Legal Services, S/C/W/38 (June 2010), 4 at 7
The Global Dimension is Global Source: 2010 WTO Secretariat Report, supra, at 5 5 Globalization Affects All US States *All states except Hawaii had 2011 exports in the billions Source: Office of Trade and Industry Information (OTII), Manufacturing and 6 Services, International Trade Administration, U.S. Department of Commerce.
Slide content from Jim Jones at the May 2009 CCJ-Globalization Conference States in Which NLJ 250 Firms Have Offices (This is significant because of imputation rules) 7 This is More Than a Big Law Phenomenon In 2010, 13% of U.S. population was foreign-born More than 1 in 5 in the U.S. are 1 st or 2 nd generation Approximately 1/3 of states have 10% foreign-born More than 1 in 4 of U.S. foreign-born live in California The foreign-born population is relatively young Consider what this means for small business in an era of technology & globalization Sources: U.S. Census Bureau, American Community Surveys, The Foreign Born Population in the U.S.: 2010 (May 2012), 2009 ACS data & other ACS reports See also Laurel S. Terry, The Legal World is Flat: Globalization and its Effect on Lawyers Practicing in Non-Global Law Firms, 28 Northwestern J. Int l L. & Bus. 527 (2008) 8
BRICs: Brazil, Russia, India, China South Africa has joined this group which is now known as BRICS Source: Goldman Sachs, Dreaming With BRICs: The Path to 2050, Global Economics Paper #99 (2003), http://www2.goldmansachs.com/our-thinking/brics/brics-reports-pdfs/brics-dream.pdf 9 This Shift will affect clients & thus lawyers Source: See previous slide 10
II. Trends in Global Lawyer Regulation Who regulates lawyers? Self-regulation, co-regulation, or non-lawyer regulation? The Troika: IMF, ECB, Eur. Commission (independent regulatory arm of the Bar Council) (independent regulatory body of the Law Society) 12
What (or whom) is regulated? What should regulators regulate Legal services or just the traditional providers [lawyers]? 13 When are lawyers regulated? Before problems or after problems? Laurel s Suggestion to the CCJ: Use ABA Model Rule 5.1 to do something similar to what Australia does 14
Where are lawyers regulated? Can geography-based regulation function in a world of virtual law practice? GATS Mode 1 commitments? 15 How are lawyers regulated? UK Smedley Entity-based regulation 16
Why are lawyers regulated? Terry Regulatory Objectives article discusses LSA 1, Legal Services (Scotland) Act 2010, Draft Irish bill, Draft Indian bill, & various Canadian provisions 17 Conclusion Lawyer regulation is an active field Similar issues appear in multiple countries Recognizing patterns can help us better understand these issues Pattern recognition may help us find (or reject) solutions Global communication should be encouraged See, e.g., the International Conference of Legal Regulators 18
To Read More About It Laurel S. Terry, Steve Mark, Tahlia Gordon, Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology, 80 Fordham L. Rev. 2661 (2012) See also Laurel S. Terry, Steve Mark, Tahlia Gordon, Adopting Regulatory Objectives for the Legal Profession, 80 Fordham L. Rev. 2685 (2012) 19 Screenshot of my Presentations Webpage My Presentations Webpage: http://www.personal.psu.edu/faculty/l/s/lst3/presentations.htm 20
Additional Resources ABA Commission on Ethics 20/20 http://www.americanbar.org/groups/professional_responsibility/aba_commiss ion_on_ethics_20_20.html CCBE Committees Page http://www.ccbe.org/index.php?id=25&l=0 UK Legal Services Board, SRA &BSB Consultations http://www.legalservicesboard.org.uk/what_we_do/consultations/index.htm http://www.sra.org.uk/consultations/ http://www.barstandardsboard.org.uk/about-bar-standardsboard/consultations/ International Conference of Legal Regulators http://www.international-conference-of-legal-regulators.org/ APEC Legal Services Inventory http://www.legalservices.apec.org/overview.html 21 More Sources to Read All About It International Association of Legal Ethics (and the biennial International Legal Ethics Conferences) http://www.stanford.edu/group/lawlibrary/cgi-bin/iaole/wordpress/ LawWithoutWalls Materials http://www.lawwithoutwalls.org/ Archived program materials from conferences at, inter alia, Harvard, Stanford, Georgetown, Fordham, McGeorge, MSU, Akron, & Hofstra 22