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: 1084
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