Rule 8.5: Disciplinary Authority: Choice of Law Flashcards
Under Rule 8.5(a), what jurisdiction’s disciplinary authority is a lawyer subjected to?
A lawyer who is admitted to practice in a particular jurisdiction is subject to that jurisdiction’s disciplinary authority, regardless of where the lawyer’s misconduct occurs
Where would a New York attorney be tried if his conduct occurred in Pennsylvania?
In New York’s bar
Under Rule 8.5(a), what is a lawyer is not admitted into a jurisdiction but provides legal services there?
The Lawyer may be subject to THAT jurisdictions authority because provides legal services there
Under Rule 8.5(a), What is a lawyer violates rules of multiple jurisdictions?
A lawyer can be subject to discipline in multiple jurisdictions for the same conduct if it violates the rules of both jurisdictions
Under Rule 8.5(b)(1), which rules of professional conduct will be applied in connection with a matter pending before a tribunal?
The choice of law in which the tribunal sits apply, unless the tribunals own rules specify otherwise
(A lawyer representing a client in Texas, is subject to Texas’s Professional Rules of Conduct)
Under Rule 8.5(b)(2), which rules apply for non-tribunal related conduct? What if the predominant effect of the conduct is in another jurisdiction?
- For Non-Tribunal related conduct, the rules of the jurisdiction in which the lawyer’s conduct occurred generally applies
- If the Predominant Effect on the conduct is in another jurisdiction, the rules of that jurisdiction will apply
Under Rule 8.5(b)(2), What if a lawyer reasonably believes that their conduct conforms to the rules of the jurisdiction where the predominant effect of their conduct will occur?
Then the lawyer is NOT SUBJECT to discipline of that jurisdictions authority
