Rights, Liability, And Ethics In International Legal Practice, 2nd Edition

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