x-border
Symposium on the Cross-Border Practice of Law
2011-2012
Caroline Bradley & Jessica Carvalho Morris
The objective of the class is to consider issues that arise in the context of the cross-border practice of law. Lawyers are licensed by specific jurisdictions to provide legal services in those jurisdictions, but lawyers’ clients often operate across jurisdictional boundaries. Lawyers who advise clients who operate across borders need to be licensed in more than one jurisdiction or to be able to communicate with lawyers in other jurisdictions. During this year we will consider issues faced by corporate counsel advising large corporate organizations and assisting those corporations to operate across borders.
Credits and Schedule: This is a two credit course for international lawyers enrolled in the LL.M. Program. The course will meet on Thursdays from 12:30 to 1:50 p.m. in room A110A in the Fall and Spring semesters.
Course Materials: Will be posted to the course web page. Please read the materials before class.
Attendance: We will take attendance. Please aim to attend all of the class sessions.
Assessment: You will write one short reflection paper (of about 8-10 double-spaced pages in length) each semester (i.e. 2 papers in total) addressing some of the issues we have dealt with during that semester. The papers are due on the last day of exams in each semester (i.e. December 17, 2011 and May 12, 2012). Please submit your paper to the International Programs Office and by email to fruiz@law.miami.edu and carbon copy cbradley@law.miami.edu and jmorris@law.miami.edu.
A short paper could be based on some of the materials assigned for the class or on issues raised by one or more of the speakers. The two papers should address different topics or at least different aspects of the same topic. You are welcome to consult either of us about your choice of topic. The Fall semester paper will count for 40% of the course grade and the Spring Semester paper will count for 60% of the course grade. In addition, exceptionally good or poor class participation may result in an increase or decrease of your final grade.
1 – August 25, 2011 – Introduction class
Corporate counsel – an introduction
What corporate counsel do? How their role differs from that of lawyers working in law firms?
Materials
ACC Value Challenge Brief (February 2010)
ACC Value Challenge Covenant with Counsel
ACC Amicus brief in Friedman v. Sebelius
2 – September 1, 2011 – Prof. John Flood
Legal Education in the Global Context
3 – September 22, 2011 – Regulation of Cross Border Practice
The territorial nature of the regulation of lawyers and how different jurisdictions accommodate foreign lawyers; differences in ethical rules.
Rules Regulating the Florida Bar Chapter 16. Foreign Legal Consultancy Rule
Charter of core principles of the European legal profession and Code of Conduct for European lawyers (Nov. 29, 2008) (cf. status document)
Solicitors Regulation Authority (UK) Rule 16: European cross-border practice
4 – September 29, 2011 – Professional privilege
ACC amicus brief in the Wells Fargo case on privilege and tax accrual documentation
5 – October 6, 2011 – Prof. Robert Rosen
6 – October 20, 2011 – Pending confirmation
7 – October 27, 2011 – Pending confirmation
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