Miller Becker Center for Professional Responsibility Lawyers & the Globalization of Legal Services Series

International Developments, International Networks, and

their Impact on U.S. Legal Ethics and Lawyer Regulation

Professor Laurel S. Terry (LTerry@psu.edu)

April 12, 2019

Thank you for the invitation

2

2009 Inaugural MBC Symposium

Overview of Remarks • Introduction

• Globalization– My perspective– Globalization’s impact in Ohio

• Selected international developments

• International networks– General observations about networks– International law-related networks

• The impact of international developments & networks on legal ethics & lawyer regulation

3

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 & AML, MDPs, & regulatory objectives

• Commentary:– E.g.: The Legal World is Flat; The New “Service Providers’”

Paradigm; Trends in Global Lawyer Regulation

• Reform Proposals: – Regulatory objectives; Proactive Regulation, global networks

4

My Law School

5

• Founded in 1834

• Located in Carlisle, Pennsylvania

• Merged with Penn State in 1997

• In 2006, Penn State opened a second campus

• Since 2014: these are two separate ABA fully-accredited Penn State law schools

Penn State’s Two Law Schools

6

My law school

Not my →law school

Perspectives on Globalization

7

Ohio is Part of a Global Economy

8

Globalization and Ohio Clients

9Source: TradeStatsExpress.gov ($54.3 billion in Ohio 2018 merchandise exports)

$54.3 billion 2018 Ohio Exports Went to:

10

plus more than 40 additional countries where Ohio clients exported more than $10 million in 2018!

Int’l Developments Affect the US

11

More Int’l Developments than Time

12

• Access to legal services • Technology/AI issues• Big 4 developments

with many ways to organize a discussion of these developments:

One 2019 framing ►

See MBC CLE Handout(based on my 2012 & 2013

Global Trends articles ↓From 2008

Some Int’l Developments I Follow

13

These acronyms were listed in the MBC Lecture postcard:

But…..

14

Where You Can Do a Deep Dive

https://tinyurl.com/laurelterryslides 15

https://works.bepress.com/laurel_terry/

International Networks

16

state

Where Int’l Conversations Happen:

17

and individual states

The World Reads About Ohio

18

https://www.ibanet.org/PPID/Constituent/Bar_Issues_Commission/ITILS_USA_Ohio.aspx

+ other WTO “requests”

Ohio Networks: Firms with Foreign Offices

19

Research hat tip: Akron Prof. Pat Gaughan

See also▼

This isn’t an anomaly: Law Firms with Foreign Offices

20

21 jurisdictions that have firm(s) whoselargest office is in the state + have a foreign office

27 jurisdictions that have firm(s) with foreign office(s)whose largest US office is outside of that jurisdiction

Data provided in 2015 by General Counsel Metrics, LLC based on the websites of law firms with ≥37 lawyers. For 21 of the 48 US jurisdictions that have firms in their jurisdiction that also have foreign offices, a US jurisdiction has the firm’s largest US office.

See https://tinyurl.com/laurelterrymap2

DC

You Don’t Need a Foreign Office to be Int’l

21

https://perma.cc/5TTA-V9X9 and https://perma.cc/7M46-88LW

at p. 92

Int’l Networks of Ohio Law Firms

22

Int’l Networks of Some Akron Firms

23

Int’l Connections of the MBC Board

24

Are Legal Ethics Conversations Int’l?

25

BIG Red bubble is legal ethics►

YES!

International Conversations

26

https://perma.cc/97F3-GKZ2

These Conversation are Global (>4 countries)

27

More Int’l Atty Regulation Conversations

28

https://works.bepress.com/laurel_terry/(11,000+ downloads)

My Prior Akron Law Review Article:• More than 2,250 downloads from my page

• 91 countries

• 165 institutions

• 181 ways they got to my webpage (“referrers”)

29

My Most-Downloaded Article

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)

30

Who are these

people?

Got me!

US Ethics Conversations Are More Int’l

• 1st Decade (1987-1996): 6 articles

• 2nd Decade (1997-2006): 18 articles

• 3rd Decade (2007-2016): ›40 articles

31

* For this definition & caveats, see below at p. 369. These numbers exclude articles about immigration, the impact of technology, and responses to terrorism.

Source: Laurel Terry, The Impact of Global Developments on U.S. Legal Ethics During the Past Thirty Years, 30 Georgetown J. of Legal Ethics 365 (2017)

* Using the GJLE as a proxy

* Note the increase in articles influenced by int’l developments*

Networks in 2019 versus 2014

32

In 2014, we said: Nationally-based TLP-Nets take as their focus the TLP agenda of a particular jurisdiction, and necessarily are comprised principally—although not exclusively—of actors based in that jurisdiction.

In 2019: The nationally-based TLP-Nets are pretty int’l

(the IBA & ICLR)

https://works.bepress.com/laurel_terry/22/

This 2015 article’s subheadings were:

Impact: Some Recent US Developments

33

MBC ad cited these acronyms: ABS, FATF, GATS, PMBR

U.S. Impact (using the W5& H) Framework

• Who regulates: GJLE Davis et. al. article with a proposed federal statute [cites EU]

• What is regulated: CA Task Force, APRL, WA, UT

• When regulation happens: IL, CO, ABA (8/19)

• Where it occurs: Virtual law firm issues, ITILS

• Why regulate: Regulatory objectives (CO, IL, WA, ABA, + others studying)

• How to regulate: SCOTUS NC Dental; CA Task Force (uniform rules?); evidence-based reg?

34

What Does this Mean for Ohio Lawyers?

• For individual lawyers/firms:– Understand the power of international networks

– Recognize the practice opportunities [and threats]

– Be sensitive to changing areas of expertise

• Re Ethics rules and regulatory changes– Recognize the similarity of issues that countries face

– Recognize the impact of int’l networks

– Monitor & participate in policy discussions

– Be prepared for potential changes re PMBR, AML, UPL, RPC 5.4, partnership/employment/ fee sharing

35

Conclusion

36

To Read More About It . . .International and U.S. Developments

• See the Miller Becker Center CLE Handout • This document has many embedded URL permalinks

• Items on my “Selected Works” page have links & cites: • https://works.bepress.com/laurel_terry/

• E.g., one of my “Global Trends” articles,

https://works.bepress.com/laurel_terry/36/

• Slides on my “Presentation Slides” page have links:https://tinyurl.com/laurelterryslides

37

Intergovernmental Organizations• World Trade Organization:

https://www.wto.org/english/tratop_e/serv_e/serv_e.htm

• Financial Action Task Force:http://www.fatf-gafi.org/

• Organisation of Economic Cooperation & Development:

http://www.oecd.org/trade/topics/services-trade/

• Asia-Pacific Economic Cooperation: http://www.legalservices.apec.org/

• United Nations: https://www.un.org/en/ 38

International Networks: Regulators• CCJ: https://ccj.ncsc.org/

• NCBE: http://www.ncbex.org/

• NOBC: https://www.nobc.org/ [e.g. Global Resources]

• ICLR: https://iclr.net/conference/

• IBA BIC: https://www.ibanet.org/barassociations/bar_associations_home.aspx

• Australia: https://www.lawcouncil.asn.au/

• Canada: https://flsc.ca/

• EU: https://www.ccbe.eu/

• UK: https://www.legalservicesboard.org.uk/can_we_help/approved_regulators/index.htm39

International Networks: Law Firms• Individual firm websites

• Annual AmLaw Global 100 issue – Issued each October

• Stephen J. McGarry, The Handbook: Law & Accounting Networks and Associations (2019), https://perma.cc/AX7K-KMUL and

• c40

Int’l Networks: Lawyers/Trade Groups

• International Bar Association (IBA)

• Union Internationale de Avocats (UIA)

• American Bar Association– ABA Section of Int’l Law & its Committees:https://www.americanbar.org/groups/international_law/committees/

– ABA CPR: https://www.americanbar.org/groups/professional_responsibility/

– ABA ITILS: www.ambar.org/itils

• Association of Professional Responsibility Lawyers [APRL], https://aprl.net/

41

International Networks: Clients• Association of Corporate Counsel (& its many

regional groups): https://www.acc.com/

42

Int’l Networks: Academics Etc.• Int’l Association of Legal Ethics (IAOLE)

– Including its ILEC conferences

– http://www.iaole.org/ and http://www.iaole.org/conferences/

• ABA Center for Professional Responsibility, https://www.americanbar.org/groups/professional_responsibility/

• AALS Section on Professional Responsibility https://www.aals.org/sections/list/professional-responsibility/

• Canadian Association of Legal Ethics (CALE), https://ethicsincanada.com/about/ 43

International Networks: My Resources

For additional info, cites, & articles:

• My Forthcoming Akron Law Review article

• My article about 30 years of the Georgetown J. of Legal Ethics: https://works.bepress.com/laurel_terry/68/

• Laurel S. Terry and Carole Silver, Transnational Legal Practice [2014], 49 ABA/SIL (n.s.) 413 (2015): https://works.bepress.com/laurel_terry/22/

44