Admitting Foreign-Trained Lawyers. Professor Laurel S. Terry Penn State Dickinson School of Law Carlisle, Pennsylvania

Similar documents
Regulating Lawyers in a Global Arena. Conference of Chief Justices Midyear Meeting, Sea Island, Georgia Jan. 28, 2014

Admitting Foreign Trained Lawyers. National Conference of Bar Examiners Washington, D.C., April 15, 2016

RULE 1.14: CLIENT WITH DIMINISHED CAPACITY

RULE 1.1: COMPETENCE. As of January 23, American Bar Association CPR Policy Implementation Committee

RULE 2.4: LAWYER SERVING

Now is the time to pay attention

RULE 3.1: MERITORIOUS CLAIMS AND CONTENTIONS

INSTITUTE of PUBLIC POLICY

Mandated Use of Prescription Drug Monitoring Programs (PMPs) Map

Constitution in a Nutshell NAME. Per

UNIFORM NOTICE OF REGULATION A TIER 2 OFFERING Pursuant to Section 18(b)(3), (b)(4), and/or (c)(2) of the Securities Act of 1933

Governing Board Roster

If you have questions, please or call

a rising tide? The changing demographics on our ballots

Uniform Wage Garnishment Act

RULE 4.2: COMMUNICATION WITH PERSON REPRESENTED BY COUNSEL

RULE 3.8(g) AND (h):

Migrant and Seasonal Head Start. Guadalupe Cuesta Director, National Migrant and Seasonal Head Start Collaboration Office

2016 NATIONAL CONVENTION

2018 NATIONAL CONVENTION

January 17, 2017 Women in State Legislatures 2017

RIDE Program Overview

2016 us election results

NATIONAL VOTER REGISTRATION DAY. September 26, 2017

Bylaws of the Prescription Monitoring Information exchange Working Group

Congressional Districts Potentially Affected by Shipments to Yucca Mountain, Nevada

Next Generation NACo Network BYLAWS Adopted by NACo Board of Directors Revised February, 2017

SPECIAL EDITION 11/6/14

Supreme Court Decision What s Next

RIDE Program Overview

Incarcerated Women and Girls

FSC-BENEFITED EXPORTS AND JOBS IN 1999: Estimates for Every Congressional District

VOCA 101: Allowable/Unallowable Expenses Janelle Melohn, IA Kelly McIntosh, MT

By 1970 immigrants from the Americas, Africa, and Asia far outnumbered those from Europe. CANADIAN UNITED STATES CUBAN MEXICAN

WYOMING POPULATION DECLINED SLIGHTLY

Reporting and Criminal Records

Geek s Guide, Election 2012 by Prof. Sam Wang, Princeton University Princeton Election Consortium

Presentation to the Bakery, Confectionery, Tobacco Workers and Grain Millers' International Union. Paul Lemmon July 26, 2010

The Law Library: A Brief Guide

Mineral Availability and Social License to Operate

RULE 2.10: Judicial Statements on Pending and Impending Cases

Breakdown of the Types of Specific Criminal Convictions Associated with Criminal Aliens Placed in a Non-Custodial Setting in Fiscal Year 2015

The Impact of Wages on Highway Construction Costs

The Progressive Era. 1. reform movement that sought to return control of the government to the people

50 State Survey of Bad Faith Law. Does your State encourage bad faith?

We re Paying Dearly for Bush s Tax Cuts Study Shows Burdens by State from Bush s $87-Billion-Every-51-Days Borrowing Binge

Historically, state PM&R societies have operated as independent organizations that advocate on legislative and regulatory proposals.

A contentious election: How the aftermath is impacting education

Update on State Judicial Issues. William E. Raftery KIS Analyst Williamsburg, VA

RULE 1.16: DECLINING OR TERMINATING REPRESENTATION

Presented by: Ted Bornstein, Dennis Cardoza and Scott Klug

COMPARISON OF ABA MODEL RULE FOR PRO HAC VICE ADMISSION WITH STATE VERSIONS AND AMENDMENTS SINCE AUGUST 2002

Prison Price Tag The High Cost of Wisconsin s Corrections Policies

Mrs. Yuen s Final Exam. Study Packet. your Final Exam will be held on. Part 1: Fifty States and Capitals (100 points)

Background Checks and Ban the Box Legislation. November 8, 2017

Graduation and Retention Rates of Nonresidents by State

ELECTORAL COLLEGE AND BACKGROUND INFO

New Population Estimates Show Slight Changes For 2010 Congressional Apportionment, With A Number of States Sitting Close to the Edge

Ballot Questions in Michigan. Selma Tucker and Ken Sikkema

Election 2014: The Midterm Results, the ACA and You

THE POLICY CONSEQUENCES OF POLARIZATION: EVIDENCE FROM STATE REDISTRIBUTIVE POLICY

The Youth Vote in 2008 By Emily Hoban Kirby and Kei Kawashima-Ginsberg 1 Updated August 17, 2009

RULE 7.5: FIRM NAMES AND LETTERHEADS

The Progressive Era. Part 1: Main Ideas. Write the letter of the best answer. (4 points each)

BYLAWS OF THE NATIONAL STUDENT SPEECH LANGUAGE HEARING ASSOCIATION

Effective Dispute Resolution Systems and the Vital Role of Stakeholders

CRAIN S CLEVELAND BUSINESS

CA CALIFORNIA. Ala. Code 10-2B (2009) [Transferred, effective January 1, 2011, to 10A ] No monetary penalties listed.

Relationship Between Adult and Minor Guardianship Statutes

/mediation.htm s/adr.html rograms/adr/

ALASKA BAR ASSOCIATION PRO BONO COMMITTEE RESOLUTION IN SUPPORT OF RECOGNIZING A RIGHT TO COUNSEL FOR INDIGENT INDIVIDUALS IN CERTAIN CIVIL CASES

Kansas Legislator Briefing Book 2019

A Dead Heat and the Electoral College

THE LEGISLATIVE PROCESS

Washington, D.C. Update

Election Cybersecurity, Voter Registration, and ERIC. David Becker Executive Director, CEIR

THE LEGISLATIVE PROCESS

Presentation Outline

Online Appendix. Table A1. Guidelines Sentencing Chart. Notes: Recommended sentence lengths in months.

Oregon and STEM+ Migration and Educational Attainment by Degree Type among Young Oregonians. Oregon Office of Economic Analysis

Promoting Second Chances: HR and Criminal Records

State Governments Viewed Favorably as Federal Rating Hits New Low

TABLE OF CONTENTS. Introduction. Identifying the Importance of ID. Overview. Policy Recommendations. Conclusion. Summary of Findings

How States Can Achieve More Effective Public Safety Policies

Trends in Medicaid and CHIP Eligibility Over Time

Candidate Faces and Election Outcomes: Is the Face-Vote Correlation Caused by Candidate Selection? Corrigendum

Inside Washington. Marco

Public and Subsidized Housing as a Platform for Becoming a United States Citizen

PREVIEW 2018 PRO-EQUALITY AND ANTI-LGBTQ STATE AND LOCAL LEGISLATION

House Apportionment 2012: States Gaining, Losing, and on the Margin

Federal Education: Of Elections &Politics. Oh, and Policy. Noelle Ellerson December 2014

14 Pathways Summer 2014

Representational Bias in the 2012 Electorate

State and Local Immigration Laws: Recap of 2013 and Outlook for November 22, 2013

RULE 7.1: COMMUNICATIONS CONCERNING A LAWYER'S SERVICES

the polling company, inc./ WomanTrend On behalf of the Center for Security Policy TOPLINE DATA Nationwide Survey among 1,000 Adults (18+)

Epicenter Cities and International Education 17th AIEC Melbourne, Victoria Australia

QACCI MEDIA ENGAGEMENT

Background and Trends

Trump, Populism and the Economy

Transcription:

Admitting Foreign-Trained Lawyers National Conference of Bar Examiners Seattle, May 3, 2014 Professor Laurel S. Terry Penn State Dickinson School of Law Carlisle, Pennsylvania LTerry@psu.edu Overview of Remarks 1. Trends in foreign-educated applicants 2. Why this trend exists 3. The relevance of your actions to trade agreements 4. Recent developments & resources 5. The Takeaway Message 2

Trends Outside of CA & NY (1992-2013) Foreign-educated Applicants Number of States with Foreign-Educated Applicants 2013 Since 2002, outside of NY & CA, the number of applicants has approximately tripled 29 states in 2010-2012 28 states in 2013 3 Finding Data About Your State It s in your conference materials and also here: http://tinyurl.com/ncbeforeignstats 4

Reasons for this Trend Mobility: Lawyers relocate around the world Clients: Have global needs Lawyers: Serve clients with global needs The Credential Effect 5 Your Citizens Have Global Legal Needs Source: US gov t website TradeStats Express #1: Texas ($280 billion) #4: Washington (82 billion) #49: Wyoming ($1.3 billion) #50: Hawaii ($598 million) 6

Global Legal Work isn t likely to Decrease Source: Goldman Sachs, Dreaming With BRICs: The Path to 2050, Global Economics Paper #99 (2003), http://www.goldmansachs.com/korea/ideas/brics/99-dreaming.pdf 7 Globalization Affects Individuals 2010 Foreign-born US population NOTE the states for which the 2010 data shows the largest immigration increase 8 Darker colors = higher percents

Changes in U.S. Foreign-Born Population Note the dramatic change between 1960 and 2010 Consider the implications for legal services 9 Your Job & Trade Agreements Did you know.. Legal services are covered by trade agreements? Admissions issues are discussed in these agreements? The CCBE has formalized its position regarding the requests it wants the EU to present to the US in T-TIP The CCBE has said it is awaiting the US requests A high-level official USTR representative spoke at the recent CCJ Midyear Meeting The IBA recently completed a 800+page Report that includes admissions issues & was sent to gov ts 10

Some acronyms worth knowing: T-TIP = TISA = TPP = APEC = WTO = USTR= 11 U.S. Rules Regarding the Five Methods of Foreign Lawyer Practice Prepared by Prof. Laurel Terry (LTerry@psu.edu), Jan.6. 2014 based on data from the ABA WA Center for Professional Responsibility and the NCBE MT ND ME OR MN VT NH CA NV ID UT WY CO SD NE KS IA MO WI IL MI OH IN KY WV VA PA MA NY RI CT NJ DE MD AZ NM OK AR TN SC NC District of Columbia MS AL GA AK TX LA FL HI Legend Yellow Shading = has a foreign legal consultant rule = rule permits foreign Pro Hac Vice = rule permits foreign in-house counsel = rule permits temporary practice by foreign lawyers, also known as FIFO or fly in/fly out = had a foreign-educated applicant sit for a bar exam in the past 3 years (2010-2012)

CCJ Resolution #11 re the Toolkit Jan. 2014: The CCJ encourages states to consider the Toolkit for foreign lawyer admission issues My impression is that the map was influential My view: States need to be willing to consider not only client protection but also client needs See my Bandwagon article. If you don t consider these issues, others might! 13 Developments Worth Knowing Global access to justice conversations Will Canada s conversations spill over to the U.S.? US efforts to respond to the lack of accessible legal services Washington s LLLT New York s new Navigator program California s ongoing study about access issues Creative disruption & the increased investment in the legal services space 14

Resources You Might Not Know 15 Takeaways for Admissions Regulators Respond to governmental requests for information Make sure the information is accurate Remember that admissions issues are part of nat l and global conversations about access to legal services Trade requests likely will focus on limited licenses or temporary practice rights not full admission Consider client needs as well as client protection Consider how clients in your state who annually export $1+billion can get access to foreign legal help 16

To Read More About It See items on the Table of Contents of Materials Submitted by Professor Laurel S. Terry for the 2014 Seattle NCBE Meeting ABA ITILS Webpage, http://tinyurl.com/abaitils The State Toolkit (based on GA), http://tinyurl.com/statetoolkit The IBA GATs Handbook http://tinyurl.com/gats-iba The NY Navigator Pilot Project, http://www.courts.state.ny.us/courts/nyc/housing/rap_prospective.shtml IBA Global Regulation & Trade in Legal Services Report 2014, http://www.ibanet.org/ppid/constituent/bar_issues_commission/bic_itils _Map.aspx 17 To Read More About It By Laurel Terry Global Legal Practice Resources Webpage: http://www.personal.psu.edu/faculty/l/s/lst3/globalprac.htm Links to Publications by Topic: http://www.personal.psu.edu/faculty/l/s/lst3/ Presentations Page: http://www.personal.psu.edu/faculty/l/s/lst3/presentations.htm SSRN page: http://ssrn.com/author=340745 Topics addressed include: The Impact of Global Trade Agreements on Legal Services; Trends in Global Lawyer Regulation; Regulatory Objectives for the Legal Profession; Creating the International Conference of Legal Regulators; the FATF & Gatekeeper Requirements; Antitrust scrutiny of the legal profession 18

To Read More About It My Presentations Webpage: My Presentations Webpage: http://www.personal.psu.edu/faculty/l/s/lst3/presentations.htm 19