1- You may consult any material, including
your class notes and our reading.
2- If you quote material written
by anyone else, you should cite the author. Formal footnotes are not
3- Please write clear and concise answers. Your answers do not need to reprint
the question. Rather the answer should note the question to which it is
4-Your answers should be double-spaced.
5- Please analyze the issues we studied in class. Your answers will be evaluated
on the basis of content, organization, and analysis.
6-The number of points for each question is noted following the question. For
all answers, you can earn a total of 90 points. This represents 90% of your
7-Please note that your answers to all questions will be limited to a total of 3,000
words. If you exceed the word count your grade will be lowered by 5 points.
8-The word count is for the entire examination. Therefore, the length of
individual answers is left to you.
9-This examination consists of eight questions.
Assume that you are speaking to a group of business people whose companies trade
in both civil and common law countries. Your topic is the Legal Environment of
Business. The purpose of your remarks is to help the business people understand
the basic differences in the inquisitorial and adversarial systems. Outline features
of the systems, comparing how the two systems handle adjudication of
controversies. Your discussion should compare the general approaches used,
identifying the different procedures and legal sources used.
Compare and contrast the differences between how the CCBE CODE and the ABA
Model Rules of Professional Conduct address how individual lawyers are to respond
when they determine that another lawyer has engaged in professional misconduct.
Lawyers who engage in cross-border practice may be subject to the ethics rules and
regulations of more than one jurisdiction (double deontology).
Describe the various responses that have been suggested to address problems of
Describe the differences between the American Rule and English Rule related to the
loser paying legal fees of the opposing party who prevails in litigation. Analyze
the policy justifications for each rule.3
A law firm has large offices in two countries. The applicable conflicts of interest
rules for the practitioners in the two countries vary a great deal. To address the
conflict, the law firm wants to include a choice of law provision in its engagement
letters with clients. The choice of law provision would state which conflicts rules
will apply to the representation. The proposed approach would require that the
client sign the engagement letter that includes the choice of law provision. If you
are an ethics expert that has been consulted by the law firm, what would you
recommend on the advisability of the firm including the choice of law provision in
its engagement letters with clients? Please describe your analysis supporting the
You are in-house counsel for a corporation that has operations around the world.
The president of the corporation has asked you to prepare a report examining the
best way to preserve the confidentiality of communications relating to advice from
lawyers. Please prepare a report to the president discussing different jurisdictional
approaches and rules relating to lawyer-client communications. This report should
focus on the key differences in protection provided for lawyer-client
communications, such as differences in the scope of coverage.
You are a member of a law faculty in a jurisdiction with very restrictive admission
to law practice. In the interest of promoting competition and business, the
government has proposed changes allowing for the limited admission of foreign
legal consultants. Because you are a legal ethics expert, you have been asked to
make a recommendation on whether the jurisdiction should allow the limited
admission of foreign legal consultants. Please provide your analysis of the positive
and negative consequences of allowing foreign legal consultants to practice on a
limited basis. If you recommend allowing such practice, outline the conditions and
safeguards that should be included in implementing the change.
What problems might conflicting views of the lawyer-client relationship pose for a
lawyer who represents a multi-national corporation operating in numerous
countries? What effect, if any, do you think that continued globalization of
commerce will have on the role of lawyers in various jurisdictions? Please answer
these questions, drawing on the reading and class discussion.