![]() CATEGORIES: BiologyChemistryConstructionCultureEcologyEconomyElectronicsFinanceGeographyHistoryInformaticsLawMathematicsMechanicsMedicineOtherPedagogyPhilosophyPhysicsPolicyPsychologySociologySportTourism |
There is an example at the beginning (0).CONTRACT ENFORCE SOURCE STRONG OBLIGE PROVIDE In the USA, attorneys are prohibited from forming law firm partnerships with People who are not practising lawyers. 0 Some observers believe that the prevailing organisational framework of law Practices will ultimately be replaced by something else. Professional associations have established regulations which ensure that law Partnerships differ from other commercial partnerships. Increasingly, law firms are adopting behaviour typical of businesses. 40 A partnership structure could interfere with a legal counsel's obligations to his Clients. 41 The US legal system has traditionally favoured the notion of a lawyer's Personal liability for actions taken on behalf of clients. US attorneys may not receive payment for services rendered together with a Business associate who is not a lawyer. Partnership:Canit survivein today'smega-firms? A One of the most striking changes in the Evolution of the American legal market in Recent years has been the extraordinary Growth of law firms. In 1980, the 250 Largest law firms in the country averaged Only 95 lawyers. By 2001, the 20 largest Firms in the US averaged 1,220 lawyers, And there were 12 firms in the country with More than 1,000 lawyers. This growth has Caused many law firms to take measures to Increase their commercial viability, such as Reorganising their governance and Management systems to marshal their Resources, marketing their services, and Managing their client relationships more Effectively. The move toward more Centralised governance and management Systems has, however, placed increasing pressure on the concept of 'partnership' as The organising model for large law firms. Indeed, it has led many to question Whether partnership can survive as the Dominant form of law firm structure. B The organisation of law firms as Partnerships has its roots in the history of English law, in the traditional role of the English barrister as the 'personal representative' of his client. To assure the Effective operation of the adversary System, barristers were required to take Oaths to the courts to conduct themselves Objectively and in the best interests of their Clients, without any conflicts of interest Whatsoever. As a consequence, barristers Were required to operate as individuals And were not permitted to be in Partnership with others. They were Personal representatives of their clients, And they were liable to both the courts and Their clients for the conduct of their office. C This idea of the lawyer as personal Representative was transplanted to America along with the English Common Law itself. American law rejected the Notion that lawyers should be required to Practise only as separate individuals. It did, however, embrace the concept That lawyers should have personal Relationships with their clients and should Remain personally liable to their clients for Their actions. That led to the requirement Date: 2015-12-11; view: 1189
|