Module Leader: Dr Julian Lonbay
The delivery of legal services is essential to facilitate transnational trade and the movement of goods, business, capital and persons around the world. The module looks at how lawyers have increasingly operated transnationally, and how the regulatory environments have reacted to this growth.
This will mean understanding the factors that affect lawyers and clients engaged in cross-border legal practice and some particular substantive legal and policy issues. One of the factors covered will be how the legal professions are organised and trained. What is a lawyer? Differences in the training, capacity and roles and the extent of their “monopolies” colours views of lawyers that (try to) operate outside their ‘territory’. There are also differences in the stages of regulation (entry, conduct, discipline) to be explored, and an understanding to be gained about the four GATS modes of supply of services.
Issues such as citizenship, recognition, scope of monopoly, law firm names and organisation, publicity rules, anti-bribery/corruption regulations all affect the viability of transborder practice of law. The module will also examine issues raised by the delivery of legal services by non–lawyers and how the various regulatory regimes react to this.