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Globalization and the Legal Profession

Globalization and the Legal Profession. INTERNATIONAL LEGAL EDUCATION ABROAD CONFERENCE American University, Washington College of Law, April 2, 2012 Prof. Laurel S. Terry ( LTerry@psu.edu ) Penn State Dickinson School of Law. Roadmap. The global dimension of law practice

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Globalization and the Legal Profession

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  1. Globalization and the Legal Profession INTERNATIONAL LEGAL EDUCATION ABROAD CONFERENCE American University, Washington College of Law, April 2, 2012 Prof. Laurel S. Terry (LTerry@psu.edu) Penn State Dickinson School of Law

  2. Roadmap • The global dimension of law practice • Observations about lawyer regulation • Implications for legal educators

  3. I. The Global Dimension of Law Practice Source: WTO Secretariat Report on Legal Services, S/C/W/38 (June 2010), at ¶7

  4. The Global Dimension is… Global Source: WTO Secretariat Report, supra, at ¶5

  5. Globalization Affects All US States *All states except Hawaii and Wyoming had 2010 exports in the billions Source: Office of Trade and Industry Information (OTII), Manufacturing and Services, International Trade Administration, U.S. Department of Commerce.

  6. Slide content from Jim Jones at the May 2009 CCJ-Globalization Conference States in Which NLJ 250 Firms Have Offices(U.S. “imputation” rules extend the effects of globalization)

  7. Slide content by Jim Jones at the May 2009 CCJ-Globalization Conference Source: Fortune 500, May 2009 Concentration of Fortune 1000 Companies 12 1 32 22 1 6 1 3 27 94 1 32 54 27 5 10 61 10 58 15 4 41 98 33 13 7 29 9 24 12 23 6 5 11 8 1 29 4 1 118 6 32 1 - 9 Fortune 1000 Cos. 10 - 20 Fortune 1000 Cos. 21 - 30 Fortune 1000 Cos. 2 Over 30 Fortune 1000 Cos.

  8. Slide content by Former ACC Gen’l Counsel Susan Hackett (5/09 CCJ Conf.) Source: Extracted from ACC data. Companies with In-House General Counsels 180 1,224 39 108 33 1,635 21 2,115 375 1,098 90 5,127 51 1,083 240 18 3,513 339 1,464 2,451 177 264 3,366 4,059 765 51 312 1,230 282 2,829 10,761 411 204 1,341 1,068 1,386 894 153 279 678 252 39 2,088 372 33 309 5,214 96 2,166 45 1 - 99 Companies 100 - 499 Companies Puerto Rico 12 1,000 – 2,999 Companies 500 - 999 Companies Virgin Islands 3 3,000+ Companies

  9. This is More Than a BigLaw Phenomenon • In 2010, 12% of U.S. population was foreign born (more than 37million) • 16 states (almost one-third) had a foreign-born population that was ≥10% • Examples: California (27.2%,), Nevada (18.9%), New York (22.2%), Florida (19.4%), Massachusetts (15%), Washington (13.1%), Maryland (13.9%) & R.I. (12.8%) • Selected cities [2009]: LA (39%), San Jose (38%), NY (35%), Boston (25%), Austin (20%), Chicago (20%), Denver (15%), Charlotte (13%), & Columbus (10%) Sources: ABA Commission on Ethics 20/20 Proposed Model Rule on Pro Hac Vice Admission & U.S. Census Bureau, 2010 American Community Survey, MPI Data Hub See alsoLaurel 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)

  10. BRICs: Brazil, Russia, India, China South Africa has now joined this group which is now known as “BRICS” Source: Goldman Sachs, Dreaming With BRICs: The Path to 2050, Global Economics Paper #99 (2003), http://www2.goldmansachs.com/our-thinking/brics/brics-reports-pdfs/brics-dream.pdf

  11. This Shift will affect clients & thus lawyers Source: See previous slide

  12. II. Is There a Coordinated Regulatory Regime? • Not really…we are at the beginning stages: • ABA Commission on Ethics 20/20 • “Inbound” lawyer proposals • Council of the ABA Sec. of Legal Ed. & Admission[s] • Pending Model Rule on [Full] Admission for LL.Ms • Comments sought on off-shore accreditation rules • New York LL.M - Bar Eligibility rules • Conference of Chief Justices • Discipline cooperation with the CCBE & Law Council of Australia • Global Efforts (Bologna Process, GATS, APEC, etc.)

  13. III. What Should Legal Educators Do? Recognize that…. • We live in a global world • Students from all law schools will need to be prepared to represent clients with global needs • Int’l programs expose students to law’s global dimension – directly and indirectly • Note: Could we better leverage the global exposure students have? • See, e.g., Carole Silver, Fordham 2012, http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=288407

  14. To Read More About It… • ABA Commission on Ethics 20/20 • http://www.americanbar.org/groups/professional_responsibility/aba_commission_on_ethics_20_20/initial_proposals.html • WTO Secretariat’s 2010 Legal Services Paper, • http://www.wto.org/english/tratop_e/serv_e/legal_e/legal_e.htm • International Association of Legal Ethics (and ILECs) • http://www.stanford.edu/group/lawlibrary/cgi-bin/iaole/wordpress/ • LawWithoutWalls Materials • http://www.lawwithoutwalls.org/ • Fall 2011 Fordham Symposium on Globalization and the Legal Profession • Archived programs at, inter alia, Harvard, Stanford, Georgetown, MSU, Akron, & Hofstra

  15. To Read More About It… By Laurel Terry Global Legal Practice Resources Webpage: http://www.personal.psu.edu/faculty/l/s/lst3/globalprac.htm Links to Publications by Topic: http://www.personal.psu.edu/faculty/l/s/lst3/ Presentations Page: http://www.personal.psu.edu/faculty/l/s/lst3/presentations.htm SSRN page: http://ssrn.com/author=340745 See, e.g., International Initiatives Relevant to Transnational and Cross-Border Higher Education [2011Presentation & Paper]

  16. My Presentations Webpage: http://www.personal.psu.edu/faculty/l/s/lst3/presentations.htm

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