英国法律体系的全面改革会加剧竞争

B. Ascher
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摘要

英国的法律体系正处于彻底的历史性变革的边缘。预计议会将很快通过一项改革法案,该法案将改变英格兰和威尔士的法律职业、法律援助制度、律师事务所的组织和财务结构。由于伦敦是世界上许多最大的全球律师事务所的所在地,这些变化可能对竞争的性质产生广泛的影响,不仅在英国,而且在欧盟和世界各地。本文追溯了立法的发展,描述了其内容,并重点讨论了非律师在外部拥有律师事务所的可能性,以及在证券交易所公开交易的公司。它回顾了澳大利亚律师事务所外部所有权的简短经验以及对美国律师和律师事务所的影响。本文认为,由于监管变化的潜在范围和深度以及竞争影响非常重要,不容忽视,因此需要对其发展进行仔细监测和研究。本文的结论是,尽管在美国进行此类监管改革的时机还不成熟,但随着商业机会的实现,支持可以得到发展。未来肯定会有进一步的辩论,也许还会有行动,以允许更灵活的商业组织和新的方式向企业和公众提供法律服务。
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Overhaul of the British Legal System Can Sharpen Competition
The British legal system is on the verge of sweeping, historic changes. Parliament is expected to act soon on a reform bill, which will transform the legal profession, the legal aid system, and the organizational and financial structure of law firms in England and Wales. Because London is the home of many of the world's largest global law firms, these changes can have widespread effects on the nature of competition, not only in the United Kingdom, but in the European Union and around the world. This paper traces the development of the legislation, describes its contents, and focuses on the possibility of outside ownership of law firms by non-lawyers, and corporations traded publicly on stock exchanges. It reviews the brief experience of outside ownership of law firms in Australia and implications for lawyers and law firms in the United States. The paper observes that, because the potential scope and depth of the regulatory changes and the competitive effects are too important to ignore, developments need to be monitored and studied carefully. The paper concludes that, although the time is not ripe for such regulatory changes in the United States, support can develop as business opportunities materialize. The future is certain to bring further debates and, perhaps, action to allow more flexible business organizations and new ways to dispense legal services to businesses and the general public.
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