Globalization, Legal Practice, & Education University of Nebraska College of Law Lincoln, Jan. 31, 2014 Prof. Laurel S. Terry ([email protected]) Penn State Dickinson School of Law Carlisle, PA Overview of Remarks 1. Globalization and the Legal Profession 2. Global lawyer regulation is in flux 3. Global legal education is in flux 4. What’s a legal educator to do? 2
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Globalization, Legal Practice, & Education
University of Nebraska College of LawLincoln, Jan. 31, 2014
Prof. Laurel S. Terry ([email protected])Penn State Dickinson School of Law
Carlisle, PA
Overview of Remarks1. Globalization and the Legal Profession
• Will accommodate new business models & enhance access to justice & affordable legal services 15
1 of 3 suits (& CT-NJ); 2nd Circuit reinstated
• Suit challenges Rule 5.4• Argues for affordable and
accessible legal services• Relies inter alia on UK &
Australia and 1st Amendment
Background Info Worth Knowing
16
“Creative Disruption” happens when:
• Customers would be willing to pay less and get less (overserved customers)
• Some customers aren’t getting served at all because of cost (underserved customers)
States in Which NLJ 250 Firms Have Offices
Slide content from Jim Jones at the May 2009 CCJ-Globalization Conference
17This matters because of imputation
rules.
MT
WY
ID
WA
OR
NV
UT
CA
AZ
ND
SD
NE
CO
NM
TX
OK
KS
AR
LA
MO
IA
MN
WI
IL IN
KY
TN
MS AL GA
FL
SC
NC
VAWV
OH
MI
NY
PA
MD
DE
NJ
CT
RI
MA
ME
VTNH
AK
HI
District of Columbia
Legend= 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= has had a foreign-educated applicant sit for a bar exam in the past 3 years (2010-2012)
U.S. Rules Regarding the Five Methods of Foreign Lawyer PracticePrepared by Prof. Laurel Terry ([email protected]), Jan.6. 2014 based on data from the ABA
Center for Professional Responsibility and the NCBE
Yellow Shading
Part 3: Legal Education is in Flux• Global Reassessment of Legal Education
– US: ABA Task Force on Legal Education
– UK: Legal Education & Training Review
– Canada: Task Force Report on Common-Law Degree
– “Day 1” studies by NCBE, UK, Australia, Canada
• Legal education in English throughout the world – who will win the “credentials” war?– E.g. in China, Japan, France, Ireland, Germany, UK
• Impact on legal education of alternative providers in the “lawyer space” 19
ABA Task Force on Legal Education (1-14)
Broader Delivery of Legal and Law-Related Services: The delivery of legal and law-related services today is primarily by J.D.-trained lawyers. However, the services of these highly trained professionals may not be cost-effective for many actual or potential clients, and some communities and constituencies lack realistic access to essential legal services. To expand access to justice, state supreme courts, state bar associations, admitting authorities, and other regulators should devise and consider for adoption new or improved frameworks for licensing or otherwise authorizing providers of legal and related services. (cont.) 20
ABA Task Force on Legal Education (1-14)
This should include authorizing bar admission for people whose preparation may be other than the traditional four-years of college plus three-years of classroom-based law school education, and licensing persons other than holders of a J.D. to deliver limited legal services. The current misdistribution of legal services and common lack of access to legal advice of any kind requires innovative and aggressive remediation. (P. 3)
– Recognize: Ideas from outside the US may migrate to the US - even if not ultimately successful
– Students from all law schools will need to be prepared to represent clients with global needs
– You don’t have to become a global expert in order to expose students to global perspectives
– Impediments can be overcome (limited class time, limited prep time, & confidence issues)
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Overcoming the Impediments• Class Time:
– A one minute “aside” can make students aware of the global dimension
• Class Prep Time:– Find someone who knows your field to tell you 1-5 items
you can read.* The CCBE “Committees” webpage can be very useful. See http://www.ccbe.org/index.php?id=25&L=0
• Confidence: – You don’t have to master the global dimension of EVERY
issue. Pick 1-2 issues & 1-2 documents.
23*See Laurel S. Terry, A “How To” Guide for Incorporating Global and Comparative Perspectives into the Required Professional Responsibility Course, 51 St. Louis U. L. J. 1135 (2007)
Conclusion
• Law and regulation is part of a global conversation
• Regulatory challenges for lawyers exist
• These are likely to affect US legal education
• You owe it to your students to expose them to global perspectives
• Have confidence that you can do it!
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Thank you!
Questions?
To Read More About It…• ABA Task Force on the Future of Legal Education,