Resolution 5
Regarding the Proposed Recommendation Pending Before the House of Delegates of the American Bar Association on the Legal Services Portion of the General Agreement on Trade in Services (GATS)

WHEREAS, the American Bar Association (ABA) Standing Committee on Professional Discipline, the ABA Task Force on GATS Legal Services Negotiations, the ABA Section of International Law, the ABA Section of Legal Education and Admissions to the Bar Standing Committee on Client Protection, the ABA Standing Committee on Professionalism, and the National Organization of Bar Counsel are recommending adoption of a resolution by the ABA House of Delegates regarding the development of disciplines on the regulation of the legal services under Article VI (4) of the GATS; and 

WHEREAS, the recommended resolution as now worded supports the United States Trade Representative?s participation in the development of disciplines that ?do not unreasonably? impinge upon the authority of the states? highest courts of appellate jurisdiction to regulate the legal profession in the United States; and

WHEREAS, the authority for governing the practice of law currently rests and has traditionally rested with the highest appellate court of each jurisdiction; and

WHEREAS, the proposed resolution, as currently worded, could be interpreted to sanction the development of disciplines which, to some extent, impinge upon the regulatory authority of the highest appellate court of each jurisdiction; 

NOW, THEREFORE, BE IT RESOLVED that the Conference urges the ABA House of Delegates to strike the word ?unreasonably? before acting upon the resolution.





Adopted as proposed by the CCJ International Agreements Committee at the 58th Annual Meeting on August 2, 2006.

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