Reforming lawyer mobility - protecting turf or serving clients?

Article


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

Reforming lawyer mobility - protecting turf or serving clients?

ERA Journal ID33886
Article CategoryArticle
AuthorsJones, James W. (Author), Davis, Anthony E. (Author), Chester, Simon (Author) and Hart, Caroline (Author)
Journal TitleGeorgetown Journal of Legal Ethics
Journal Citation30 (2017), pp. 125-193
Number of Pages69
Year2017
Place of PublicationGeorgetown, USA
ISSN1041-5548
Web Address (URL)http://heinonline.org/HOL/Page?handle=hein.journals/geojlege30&id=1&size=2&collection=usjournals&index=journals/geojlege
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.

Keywordslegal profession, American lawyers, lawyer mobility, comparative law, ethics, regulation of lawyers, Canadian lawyers, Australian lawyers, right to practice law
ANZSRC Field of Research 2020480505. Legal practice, lawyering and the legal profession
480302. Comparative law
480501. Access to justice
Public Notes

c. Georgetown University Law Centre.

Byline AffiliationsGeorgetown University, United States
Hinshaw and Culbertson, United States
Gowling WLG, Canada
School of Law and Justice
Institution of OriginUniversity of Southern Queensland
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