Rights, Liability, and Ethics in International Legal Practice

Chapter 1

THE LIBERALIZATION OF INTERSTATE LEGAL PRACTICE IN THE EUROPEAN UNION: LESSONS FOR THE UNITED STATES

by

Roger J. Goebel

I. Introduction

II. Providing Temporary Interstate Legal Services in the European Union

III. U.S. Rules Regulating Temporary Interstate Legal Services

IV. Comparative Comments and Reflections on the U.S. Rules

V. Conclusion

Chapter 2

LEGAL PRACTICE RIGHTS OF DOMESTIC AND FOREIGN LAWYERS IN THE UNITED STATES

by

Roger J. Goebel

I. The Regulation of Legal Practice in the United States

II. Admission of Foreign Lawyers or Law Students to the Bar

III. Foreign Legal Consultants

IV. Summary and Conclusion

Chapter 3

THE LICENSING OF FOREIGN LEGAL CONSULTANTS

IN THE UNITED STATES

by

Carol A. Needham

I. Introduction

II. The Current Operation of the Foreign Legal Consultant Status

III. The New York Rule Authorizing Foreign Legal Consultants

IV. The California Rule Authorizing Foreign Legal Consultants

V. ABA Model Rule

VI. Conclusion

Chapter 4

A CASE STUDY OF THE HYBRID MODEL FOR FACILITATING CROSS-BORDER LEGAL PRACTICE: THE AGREEMENT BETWEEN THE AMERICAN BAR ASSOCIATION AND THE BRUSSELS BARS

by

Laurel S. Terry

I. Introduction

II. An Overview of Models That Have Been Used to Respond To Cross-Border Legal Practice

III. Exploring The Procedure Used Under a Hybrid Model: The Agreement Between the Aba and The

Brussels Bars

IV. Exploring the Substance Developed Under a Hybrid Model: The Agreement Between the Aba and the

Brussels Bars

V. Implementation of the Agreement

VI. Analyzing the Strengths and Weaknesses of the Hybrid

Model For Facilitating Cross-Border Legal Practice

VII. Conclusion

Chapter 5

GATT AND ITS EFFECT ON THE INTERNATIONAL

TRADE IN LEGAL SERVICES

by

Robert F. Taylor and Philippe Metzger

I. An Overview of the Services Sector

II. GATS: The General Agreement on Trade in Services

III. Conclusion

Chapter 6

LAW PRACTICE OF U.S. ATTORNEYS IN MEXICO AND MEXICAN ATTORNEYS IN THE UNITED STATES: A STATUS REPORT

by

Steven C. Nelson

I. Principal Barriers To International Trade In Legal Services

II. Direct Means of Eliminating The Education/Examination Barrier

III. Ancillary Barriers Under Foreign Legal Consultant Rules

IV. Aba Policy On Elimination of the Principal Barriers

V. Principal Nafta Provisions Affecting the Practice of Law

VI. Consultations Among the Professional Bodies

VII. Reaction of United States and Mexican Lawyers

VIII. The Current Position

IX. A Possible Way Forward

X. The Need For Renewed Dialogue

Chapter 7

AN INTRODUCTION TO THE EUROPEAN COMMUNITY'S

LEGAL ETHICS CODE PART I: AN ANALYSIS OF THE

CCBE CODE OF CONDUCT

by

Laurel S. Terry

I. Who Promulgated the CCBE Code of Conduct and Why?

II. To Whom Does the CCBE Code Apply?

III. What is the Binding Force of the CCBE Code?

IV. What Type of Code Is the CCBE Code?

V. An Analysis of the Substantive Provisions of the CCBE Code of Conduct

VI. Analyzing the Substance of the CCBE Code Provisions: Do the Model Rules and the CCBE Code

Conceptualize the Role of the Attorney Differently?

VII. Conclusion

Appendix A

Chapter 8

CHOOSING WISE MEN WISELY: THE RISKS AND REWARDS OF PURCHASING LEGAL SERVICES FROM LAWYERS IN A MULTIDISCIPLINARY PARTNERSHIP

by

Mary C. Daly

I. Introduction

II. The MDP Debate: How Should Legal Services Be Delivered in the New Millennium?

III The Delivery of Legal Services by the Big Five Outside the United States

IV. The Ethical and Regulatory Barriers to MDPs in the United States

V. The Relationship Between the Big Five's Tax and Consulting Practices and the MDP Debate

VI. Assessing the Rewards and Risks of MDPS

VII. Conclusion

Chapter 9

ZIP TO NIL?: A COMPARISON OF AMERICAN AND ENGLISH LAWYERS' STANDARDS OF PROFESSIONAL CONDUCT

by

Karen L.K. Miller

I. Introduction

II. Comparison of American And English Lawyers' Legal Ethics

Appendix A

Appendix B

Chapter 10

AN ETHICAL DILEMMA OF AMERICAN ATTORNEYS IN CHINA: THE CONFLICT BETWEEN THE DUTY OF CONFIDENTIALITY TO CLIENTS AND THE REQUIREMENT OF DISCLOSURE TO THE CHINESE GOVERNMENT

by

Patricia Ginsberg

I. Introduction

II. Foreign Lawyers in China

III. Chinese Views and Attitudes on Laws and Lawyers

IV. Client Questionnaire-Disclosure Requirement

V. Analysis

Chapter 11

BRIDGING ETHICAL BORDERS: INTERNATIONAL LEGAL ETHICS WITH AN ISLAMIC PERSPECTIVE

by

M. McCary

I. Introduction .

II. The Setting

III. The Development of an International Code of Legal Ethics and Its Transnational Applicability and

Guidance for Handling Islamic Issues

IV. Potential Islamic Ethical Conflicts Under the Model Rules

V. Practical Application of Islamic Principles in International Practice

VI. Impact of Religious Movement in Law and the Resurgence of Islam

VII. Conclusion

Chapter 12

SELECTING AND WORKING WITH FOREIGN COUNSEL

by

Elliot R. Lewis

I. Introduction

II. Selecting Outside Foreign Counsel - Where To Look and Factors to Consider

III. Working Effectively With Foreign Counsel

IV. The Engagement Letter

V. Conclusion

VI. Sources of Assistance

Chapter 13

ETHICAL ISSUES IN THE CONTEXT OF INTERNATIONAL LITIGATION: "WHERE ANGELS FEAR TO TREAD"

by

Michael J. Maloney and Allison Taylor Blizzard

I. Ethical Problems Unique to Transnational Litigation: Exotic Problems and Large Scale Litigation

Chapter 14

ATTORNEY FEE ARRANGEMENTS: THE U.S. AND WESTERN EUROPEAN PERSPECTIVES

by

Virginia G. Maurer et al

I. Introduction

II. Agency as a Source of Factors for Comparing Fee Systems

III. The Analytical Factors

IV. The U.S. Approach to the Attorney Fee
V. The United Kingdom Kingdom and the Conditional Fee

VI. The European Union Civil Law Systems

VII. Conclusions

DOCUMENT SUPPLEMENT

CCBE CODE OF CONDUCT FOR LAWYERS IN THE EUROPEAN COMMUNITY
EXPLANATORY MEMORANDUM AND COMMENTARY ON THE CCBE CODE OF CONDUCT FOR LAWYERS IN THE EUROPEAN COMMUNITY
DIRECTIVE ON THE RIGHT OF ESTABLISHMENT FOR LAWYERS
AGREEMENT BETWEEN THE AMERICAN BAR ASSOCIATION AND THE FRENCH LANGUAGE ORDER OF THE BRUSSELS BAR AND THE DUTCH LANGUAGE ORDER OF THE BRUSSELS BAR