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
Permalink -

https://research.usq.edu.au/item/q4245/reforming-lawyer-mobility-protecting-turf-or-serving-clients

  • 1205
    total views
  • 13
    total downloads
  • 2
    views this month
  • 0
    downloads this month

Export as

Related outputs

Future Ready Report: Queensland Sole, Micro, Small and Medium Law Firm Capability to Meet Disruption: COVID–19, Technology and Intergenerational Change
Hart, Caroline, Timoshanko, Aaron, Bartlett, Francesca, Murray, Angus and Perry-Petersen, Andrea. 2023. Future Ready Report: Queensland Sole, Micro, Small and Medium Law Firm Capability to Meet Disruption: COVID–19, Technology and Intergenerational Change. Australia. Queensland Law Society.
Ready for a Reboot: Law Schools Need to Reboot and Upgrade the Law Curriculum Now to Better Meet the Impacts of Technology
Hart, Caroline and Timoshanko, Aaron. 2022. "Ready for a Reboot: Law Schools Need to Reboot and Upgrade the Law Curriculum Now to Better Meet the Impacts of Technology." Journal of the Australasian Law Academics Association. 15, pp. 31-48.
Teaching technology into the law curriculum
Timoshanko, Aaron and Hart, Caroline Lydia. 2021. "Teaching technology into the law curriculum." Journal of the Australasian Law Academics Association. 13/14, pp. 146-161.
Can our office go paperless?
Browne, T., Deane, T., Tyndall, S. and Hart, Caroline. 2019. "Can our office go paperless?" Queensland Law Society Proctor. 39 (7), pp. 50-51.
The seven elements of successful country law firms
Hart, Caroline. 2018. The seven elements of successful country law firms. Sydney, New South Wales, Australia. Federation Press.
Entrepreneurship and innovation in regional and rural legal practice
Hart, Caroline. 2017. "Entrepreneurship and innovation in regional and rural legal practice." Mundy, Trish, Kennedy, Amanda and Nielsen, Jennifer (ed.) The place of practice: lawyering in rural and regional Australia. Leichhardt, Australia. Federation Press. pp. 104-123
Parliaments and courts
Hart, Caroline. 2018. "Parliaments and courts." Marinac, Anthony, Simpson, Brian, Hart, Caroline, Chisholm, Rhianna, Nielsen, Jennifer and Brogan, Michael (ed.) Learning law. Cambridge, United Kingdom. Cambridge University Press. pp. 49-86
Better justice? or shambolic justice?: governments' use of information technology for access to law and justice, and the impact on regional and rural legal practitioners
Hart, Caroline. 2017. "Better justice? or shambolic justice?: governments' use of information technology for access to law and justice, and the impact on regional and rural legal practitioners." International Journal of Rural Law and Policy. 1, pp. 1-21. https://doi.org/10.5130/ijrlp.i1.2017.4877
Educating law students for rural and regional legal practice: embedding place consciousness in law curricula
Kennedy, Amanda, Mundy, Trish, Nielsen, Jennifer, Hart, Caroline, Coverdale, Richard, Mortensen, Reid, Smith-Ruig, Theresa and Macken, Claire. 2014. "Educating law students for rural and regional legal practice: embedding place consciousness in law curricula." Legal Education Review. 24 (1), pp. 7-28. https://doi.org/10.53300/001c.6282
The prevalence and nature of sustainable regional, rural and remote legal practice
Hart, Caroline. 2014. The prevalence and nature of sustainable regional, rural and remote legal practice. PhD Thesis Doctor of Philosophy. University of Southern Queensland.
Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners
Hart, Caroline. 2012. "Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners." International Journal of Rural Law and Policy. 2012 (Special Edition).
Legal educators' perceptions of lifelong learning: conceptualisation and practice
Hammer, Sara Jeanne, Chardon, Toni, Collins, Pauline and Hart, Caroline. 2012. "Legal educators' perceptions of lifelong learning: conceptualisation and practice." International Journal of Lifelong Education. 31 (2), pp. 187-201. https://doi.org/10.1080/02601370.2012.663803
Criterion referenced assessment as a form of feedback: student and staff perceptions in the initial stages of a new law degree
Chardon, Toni, Collins, Pauline, Hammer, Sara and Hart, Caroline. 2011. "Criterion referenced assessment as a form of feedback: student and staff perceptions in the initial stages of a new law degree." International Journal of Pedagogies and Learning. 6 (3), pp. 232-242. https://doi.org/10.5172/ijpl.2011.6.3.232
Academics and assessment: the forgotten meat in the sandwich in the current higher education environment?
Collins, Pauline, Brackin, Toni and Hart, Caroline Lydia. 2010. "Academics and assessment: the forgotten meat in the sandwich in the current higher education environment?" Harris, Bruce (ed.) 65th Conference of the Australasian Law Teachers' Association (ALTA 2010): Power, Regulation and Responsibility: Lawyers in Times of Transition. Auckland, New Zealand 04 - 07 Jul 2010 Sydney, Australia.
The real deal: using authentic assessment to promote student engagement in the first and second years of a regional law program
Hart, Caroline, Hammer, Sara, Collins, Pauline and Chardon, Toni. 2011. "The real deal: using authentic assessment to promote student engagement in the first and second years of a regional law program." Legal Education Review. 21 (1), pp. 97-121.
Sustainable regional legal practice: the importance of alliances and the use of innovative information technology by legal practices in regional, rural and remote Queensland
Hart, Caroline Lydia. 2011. "Sustainable regional legal practice: the importance of alliances and the use of innovative information technology by legal practices in regional, rural and remote Queensland." Deakin Law Review. 16 (1), pp. 225-263.
Rocky rhetoric and hard reality: the academic's dilemma surrounding assessment
Collins, Pauline, Brackin, Toni and Hart, Caroline. 2010. "Rocky rhetoric and hard reality: the academic's dilemma surrounding assessment." Legal Education Review. 20 (1-2), pp. 129-164.
The conjurer's new card trick and the illusion of privacy: a discussion of the privacy and transparency issues associated with the proposed Australian Government Health and Social Services Access Card
Hart, Caroline. 2008. "The conjurer's new card trick and the illusion of privacy: a discussion of the privacy and transparency issues associated with the proposed Australian Government Health and Social Services Access Card." University of Tasmania Law Review. 25 (1), pp. 5-43.
Micro-chipping away at privacy: privacy implications created by the new Queensland driver licence proposal
Hart, Caroline. 2007. "Micro-chipping away at privacy: privacy implications created by the new Queensland driver licence proposal." QUT Law Review. 7 (2), pp. 305-324.