ABA section, task force, work to improve lawyers' access to international markets

As an intricate part of the world economy, legal services have become subject to a growing number of international trade agreements, such as the General Agreement on Trade Services, to which the United States is bound as a member of the World Trade Organization.  Through its Task Force on GATS, the ABA has been working on the two tracks of GATS that involve legal services - current negotiations to further liberalize trade in legal services, and the question of whether to adopt "disciplines" for the legal services sector. 

The task force, along with the Section of International Law's Committee on Transnational Legal Practice, has been working with state bar representatives to encourage them to permit foreign legal consultants to practice in their states. Some 80 percent of the U.S. legal services market (over half the states) have adopted the ABA's model rule on legal consultants, which allows for foreign lawyers to offer limited services in the states with the rule.

Broadening access to foreign markets for U.S. lawyers is also a goal of the task force and the International Law Section's work.  As part of this effort, U.S. negotiators are working to reach agreements with other countries so that American lawyers are permitted to open offices or affiliate with lawyers and firms in foreign jurisdictions, so that they can advise clients on U.S. and international law.  

Three Section of International Law leaders attended the WTO ministerial meetings in Hong Kong in late 2005 to monitor discussions and to meet with international bar association representatives from several nations.  WTO negotiations will also be on the agenda at the International Law spring meeting to be held in New York on April 5-8.

More information about GATS and other trade agreements is available online.

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