Protecting the Home Turf: National Bar Associations and the Foreign Lawyer

Abstract

This note addresses the issues raised by domestic laws and bar associations limiting the practice of foreign lawyers. It looks at how the increase in globalization has led different countries to take different approaches toward dealing with these foreign lawyers. There are complex and varying reasons for how a country approaches foreign lawyers, as is demonstrated particularly through the actions of Brazil, India, and Japan. Also, it appears that emerging, but not as of yet established, global economic powers have decided it is in their interest to severely restrict the activity of foreign lawyers. The note suggests that these emerging powers should take the approach that Japan has taken and incrementally liberalize their rules regarding foreign lawyers and law firms. Despite the increased liberalization demonstrated by Japan and some states in the United States, there is little indication that emerging powers will lift their protectionist measures anytime soon.