Reforming lawyer mobility - protecting turf or serving clients?

Jones, James W. and Davis, Anthony E. and Chester, Simon and Hart, Caroline (2017) Reforming lawyer mobility - protecting turf or serving clients? Georgetown Journal of Legal Ethics, 30 (2017). pp. 125-193. ISSN 1041-5548

Abstract

In this Article, we describe in detail the current problems with the regulation of lawyer mobility in the United States and the compelling reasons that a fundamental change in the present approach is required. We contend that the
current rules regarding multijurisdictional practice by licensed lawyers impede the ability of clients to achieve more efficient and cost effective legal services, are
unnecessary to protect the interests of clients, and undermine the integrity of the overall regulatory structure by articulating requirements that as a practical
matter cannot be complied with. Drawing on lessons from Australia and Canada, both common law countries with a long tradition of regulation of the legal profession at the state/provincial levels, we offer a proposalfor the recognition of rights of practice of all American lawyers engaged in federal or interstate matters in all American jurisdictions. This proposal, if adopted, would enable
clients to use counsel of their choice on a nationwide basis. Such a change is critical if American lawyers are to remain responsive to the legitimate expectations and demands of their clients and true to the highest standards of professionalism.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: c. Georgetown University Law Centre.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 07 Aug 2017 00:21
Last Modified: 19 Apr 2018 00:00
Uncontrolled Keywords: legal profession, American lawyers, lawyer mobility, comparative law, ethics, regulation of lawyers, Canadian lawyers, Australian lawyers, right to practice law
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180121 Legal Practice, Lawyering and the Legal Profession
18 Law and Legal Studies > 1801 Law > 180106 Comparative Law
18 Law and Legal Studies > 1801 Law > 180102 Access to Justice
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940407 Legislation, Civil and Criminal Codes
C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940405 Law Reform
C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes
URI: http://eprints.usq.edu.au/id/eprint/31918

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