R 8.5 - Disciplinary Authority; Choice of Law

Question 1

If an attorney’s misconduct occurs in NJ, where is not admitted to practice, and the attorney is admitted in NY. Where is the attorney subject to discipline?

Answer 1

In both jurisdiction.

Question 2

Which jurisdiction’s rules should be applied if the attorney’s conduct are pending in a tribunal?

Answer 2

It shall apply the Rules in which the tribunal sits on or which ever the tribunal chooses.

Question 3

If the conduct of the attorney involves two separate jurisdictions, which jurisdiction’s Rules shall be applied?

Answer 3

The predominant effect of the conduct in both jurisdiction.

Question 4

When will an attorney will not be subject to discipline?

Answer 4

So long as the attorney reasonably believes that the attorney conformed with the Rules in which the predominant effect will occur.

Question 5

If two different jurisdiction pursue discipline against an attorney, using their own Rules, what shall the authority make sure of?

Answer 5

The authority shall make sure that the both of the Rules are consistent with one another, if not then the authorities should only follow one of the Rules.