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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 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 Concentration of Fortune 1000 Companies
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 6 1 1 3 27 1 94 32 5 54 27 10 10 61 4 58 15 41 98 13 33 7 29 9 24 12 23 6 11 8 5 1 29 4 1 118 6 32 1 - 9 Fortune 1000 Cos. Fortune 1000 Cos. Fortune 1000 Cos. 2 Over 30 Fortune 1000 Cos.

8 Companies with In-House General Counsels
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 1,224 180 39 108 33 21 1,635 375 2,115 1,098 90 51 5,127 1,083 240 18 3,513 339 1,464 177 2,451 264 4,059 3,366 312 765 51 1,230 282 2,829 10,761 411 204 1,341 1,068 1,386 894 153 678 252 279 39 33 372 2,088 5,214 309 96 45 Companies 2,166 Companies Puerto Rico 12 1,000 – 2,999 Companies Virgin Islands 3 Companies 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%) The 2010 Census stats also show 12% as foreign born, but I don’t have the state by state breakdown. 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 also 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)

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),

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,

14 To Read More About It… ABA Commission on Ethics 20/20
WTO Secretariat’s 2010 Legal Services Paper, International Association of Legal Ethics (and ILECs) LawWithoutWalls Materials 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: Links to Publications by Topic: Presentations Page: SSRN page: See, e.g., International Initiatives Relevant to Transnational and Cross-Border Higher Education [2011 Presentation & Paper]

16 My Presentations Webpage:


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