International Trade in Services.pdf - DSpace at Khazar University

Legal Services: Does More Trade Rhyme with Better Justice 95
4. Are there any links between professional bodies, government regulatory agencies, and
colleges of law with their counterparts in neighboring and regional markets
5. Do activities such as exchanges of specialists, regional forums on professional trends, or
regional negotiating consultations take place
Ensuring a level playing field
1. Are there sectoral exemptions to competition law in the importing country that affect
the conditions of competition in legal services markets
2. How does the competition law deal with instances of cartels
3. Do domestic law firms have adequate access to Internet resources so they can establish
an online presence and engage in online relationships with other law firms
4. Are law firms allowed to participate in trade exhibitions at home and abroad to
introduce themselves to potential partners and clients
Sources: Geloso Grosso (2004), author compilation.
law and work closely with domestic or international partners to provide the scope
of services that large-scale clients demand. Indeed, trade in legal services is frequently
undertaken through various forms of cooperation between law firms of
different national origins.
Legal process outsourcing, that is, the crossborder supply of fragments of the
legal services value chain, is currently still relatively limited in magnitude. But
analysts expect that activities, such as document editing and proofreading, litigation
research, and intellectual property work, will expand, so that legal outsourcing
could become a significant export industry in coming years. Low-income
countries that can offer a combination of reliable information and communication
technology infrastructure and the required legal expertise will have occasion
to tap into these business opportunities.
Arguably, for development, imports of legal services are as important as
exports. Countries have much to gain from opening their domestic legal markets
to foreign service providers. While regulation of the legal profession to ensure
consumer protection against deceitful practices is necessary, regulation should
not be more restrictive than needed. It should also avoid discriminating among
domestic and foreign service providers. Unfortunately, however, the regulatory
process, which often involves self-regulation through the legal profession itself,
may lend itself to being hijacked for protectionist purposes. In this context,
periodic assessment of the regulatory framework with a view to establishing procompetitive
practices is often desirable.
Moreover, policy makers have an active role to play in the area of education
and training. They can, notably, work to raise educational standards in colleges of
law. They can also contribute to the development of the legal sector by designing a