The Changing Landscape for In-House Counsel: Multijurisdictional Practice Considerations for Corporate Law Departments

This article contains an overview of areas to consider regarding the ability of in-house attorneys licensed in one or more jurisdictions in the United States to continue providing legal services when in a new location. The focus in this article is on matters relevant for attorneys engaged in transactional work, rather than those who are interested in representing their clients in courtrooms, administrative tribunals, and similar forums

Globalization and Eligibility To Deliver Legal Advice: Inbound Legal Services Provided by Corporate Counsel Licensed Only in a Country Outside the United States

The regulation of cross-border delivery of legal services remains in flux. Clients in the United States, particularly sophisticated corporate clients, should be allowed to utilize the special expertise possessed by lawyers licensed outside the United States. Key reforms that at this point are gaining traction include the following: allowing lawyers licensed outside the United States to qualify for limited licenses as in-house counsel; broadening the scope of practice so that all foreign legal consultants are allowed to give legal advice related to third-country and international law; and allowing fly in, fly out practice while temporarily present in the host state. Taking Fred Zacharias’s counsel, we will certainly revisit the discussion of this continually developing area of the law in the years ahead

Transnational Legal Practice 2006-2007

Law practice continues to expand across borders, and lawyers and law firms from the United States and other countries are substantially invested in representations that take them outside of their home jurisdictions.[1] Unfortunately, reliable information relating to the extent of internationalization of the legal market is scarce. Neither the number of lawyers and law firms working in the international legal services market nor the receipts generated from internationally-related work are readily and reliably available. Nevertheless, statistics from both the United States and United Kingdom provide a sense of the numbers from the largest present sources of international legal practice. In the category of outbound services, for example, we can consider how U.S. lawyers and law firms serve foreign clients and U.S.-based clients in their offshore activities. One measure of these services could include the offshore activity of U.S. law firms. The American Lawyer Global 100 includes nine U.S.-based law firms with more than a quarter of their lawyers stationed outside of the United States, three of which support more than 50 percent of their lawyers working from overseas offices.[2] Another study of approximately sixty large U.S. law firms reported that those firms support approximately 375 offices overseas, where approximately 8,000 lawyers are working;[3] three-quarters of these lawyers are working in offices located in Europe. The U.S. Department of Commerce Bureau of Economic Analysis estimates that the export of legal services from the United States generated $4.3 billion in receipts in 2005, while imports of legal services were valued at$914 million, yielding a 4:1 surplus for balance-of-payment accounts.[4] According to the U.K. Department of Constitutional Affairs, British law firms generated £1.9 billion in exports in 2003, compared to £1.5 billion in imports.[5

Transnational Legal Practice 2006-07

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\u27s 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 legal practice developments, the article reviews U.S. bilateral free trade initiatives, lawyer discipline cooperation initiatives and significant litigation. The regional developments section documents the emergence in Australia of the first publicly-traded law firm and Australia\u27s efforts to promote greater multijurisdictional practice for Australian lawyers in the U.S. This section also reviews various European developments, including European competition law initiatives, the Akzo Nobel case currently pending before the European Court of Justice, and developments related to the free movement of lawyers, codes of conduct, money laundering and lawyer education

Transnational Legal Practice 2006-07

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\u27s 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 legal practice developments, the article reviews U.S. bilateral free trade initiatives, lawyer discipline cooperation initiatives and significant litigation. The regional developments section documents the emergence in Australia of the first publicly-traded law firm and Australia\u27s efforts to promote greater multijurisdictional practice for Australian lawyers in the U.S. This section also reviews various European developments, including European competition law initiatives, the Akzo Nobel case currently pending before the European Court of Justice, and developments related to the free movement of lawyers, codes of conduct, money laundering and lawyer education

Transnational Legal Practice 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\u27s 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 legal practice developments, the article reviews U.S. bilateral free trade initiatives, lawyer discipline cooperation initiatives and significant litigation. The regional developments section documents the emergence in Australia of the first publicly-traded law firm and Australia\u27s efforts to promote greater multijurisdictional practice for Australian lawyers in the U.S. This section also reviews various European developments, including European competition law initiatives, the Akzo Nobel case currently pending before the European Court of Justice, and developments related to the free movement of lawyers, codes of conduct, money laundering and lawyer education

Transnational Legal Practice 2008

The current financial turmoil shaking the world illustrates the connectedness of national markets and economies. Legal practice is no exception: lawyers and their firms are experiencing the upheaval along with their clients.1 This has resulted in new opportunities for lawyers and firms–in bankruptcy and restructuring and, likely in the future, in regulatory advising as well–and, at the same time, in substantial challenges. The promise of benefits from a diversified practice–in terms of both substance and geography–is being tested as lawyers and law firms follow their clients through the uncertainties of the current economic conditions. As law firms cut the size of their legal and non-legal staffs and decrease compensation expectations, they also are capitalizing on the benefits of a geographically diverse footprint of practice by looking to overseas activities as opportunities for growth. The number of firms announcing new offices in the Middle East, for example, has not slowed during the economic crisis.2 Over the last twenty years or so, the growth of overseas activities of the largest U.S.-based law firms has far outpaced their growth within the United States, by a rate of ten-to-one.3 In 2007, more than 15,000 lawyers worked for the National Law Journal 250 firms in more than 550 offices located outside the United States.4 Indeed, two U.S.-based law firms with substantial investments in overseas offices joined the ranks of four of the London “Magic Circle” firms in a new category dubbed the “global elite.”5 But the description so far relates only to the most visible part of the story of the importance of overseas-related work for U.S. lawyers. Overseas-related work also supports lawyers working for firms that do not have formal international footprints. These may be firms with foreign clients or U.S.-based clients involved in offshore activities or partnerships. They may be firms that are members of international networks or associations of lawyers that serve as a source of referral relationships, among other things. Each of these arrangements points to the continuing importance of keeping watch over the regulatory and business environment for lawyers outside the United States. The U.S. Department of Commerce Bureau of Economic Analysis estimates that the export of U.S. legal services generated $6.4 billion in receipts in 2007, while imports of legal services were valued at nearly$1.6 billion, yielding a four-to-one surplus for balance-of-payment accounts.6 If globalization continues, as appears likely, lawyers may be able to rely on overseas activities as a sort of hedge against instability at home. Access to overseas legal markets, then, remains an issue of high priority

Transnational Legal Practice 2008

The current financial turmoil shaking the world illustrates the connectedness of national markets and economies. Legal practice is no exception: lawyers and their firms are experiencing the upheaval along with their clients.1 This has resulted in new opportunities for lawyers and firms–in bankruptcy and restructuring and, likely in the future, in regulatory advising as well–and, at the same time, in substantial challenges. The promise of benefits from a diversified practice–in terms of both substance and geography–is being tested as lawyers and law firms follow their clients through the uncertainties of the current economic conditions. As law firms cut the size of their legal and non-legal staffs and decrease compensation expectations, they also are capitalizing on the benefits of a geographically diverse footprint of practice by looking to overseas activities as opportunities for growth. The number of firms announcing new offices in the Middle East, for example, has not slowed during the economic crisis.2 Over the last twenty years or so, the growth of overseas activities of the largest U.S.-based law firms has far outpaced their growth within the United States, by a rate of ten-to-one.3 In 2007, more than 15,000 lawyers worked for the National Law Journal 250 firms in more than 550 offices located outside the United States.4 Indeed, two U.S.-based law firms with substantial investments in overseas offices joined the ranks of four of the London “Magic Circle” firms in a new category dubbed the “global elite.”5 But the description so far relates only to the most visible part of the story of the importance of overseas-related work for U.S. lawyers. Overseas-related work also supports lawyers working for firms that do not have formal international footprints. These may be firms with foreign clients or U.S.-based clients involved in offshore activities or partnerships. They may be firms that are members of international networks or associations of lawyers that serve as a source of referral relationships, among other things. Each of these arrangements points to the continuing importance of keeping watch over the regulatory and business environment for lawyers outside the United States. The U.S. Department of Commerce Bureau of Economic Analysis estimates that the export of U.S. legal services generated $6.4 billion in receipts in 2007, while imports of legal services were valued at nearly$1.6 billion, yielding a four-to-one surplus for balance-of-payment accounts.6 If globalization continues, as appears likely, lawyers may be able to rely on overseas activities as a sort of hedge against instability at home. Access to overseas legal markets, then, remains an issue of high priority