Preliminary Context - Sources of Law Flashcards
Model Rules vs. Statutes/Cases
Each jurisdiction has its own rules, usually in a Code
Case law (including “Ethics Opinions” which are not exactly cases)
Specific rules exist for certain practice areas like TnE
8.5 Choice of Law
YOU CAN GET PUNISHED WHEREVER YOU’RE ADMITTED TO THE BAR or WHEREVER YOU OFFER LEGAL SERVICES.
8.5(a) = Admitted to practice in a jurisdiction means subject to disciplinary authority there. Also subject to disciplinary authority in a place where you offer legal services even if not admitted there. You can get punished for the same thing in multiple places.
Choice of Law
8.5(b) = Rules of situs jurisdiction apply unless there’s another choice of law provision or if the lawyer did the bad thing elsewhere, then use that state’s laws. Don’t punish them if the conduct conforms to the rules of the place where the thing took place.
Example: You are admitted to practice in Alaska. While on vacation in Hawaii, you are arrested for shoplifting. Which jurisdictions can discipline you? Alaska only, unless you offered services in Hawaii.
Ethics Opinions
Similar to cases, these are adjudicative decisions made not by a court but maybe the state bar or panel of state bar employees. Following these at least gives you some coverage.
