The ABA Standing Committee on Ethics and Professional Responsibility has issued a new Formal Ethics Opinion (no. 504) on the issue of choice of law. The abstract reads:
When a lawyer practices the law of more than one jurisdiction, choice-of-law questions arise concerning which jurisdiction’s ethics rules the lawyer must follow. Model Rule 8.5 provides that when a lawyer’s conduct is in connection with a matter pending before a tribunal, the lawyer must comply with the ethics rules of the jurisdiction in which the tribunal sits, unless otherwise provided. For all other conduct, including conduct in anticipation of litigation not yet filed, a lawyer must comply with the ethics rules of the jurisdiction in which the lawyer’s conduct occurs. However, if the predominant effect of the lawyer’s conduct is in a different jurisdiction, then the lawyer must comply with the ethics rules of that jurisdiction.
For now, you can find the opinion here. Go find it soon because the opinions are available free only for a limited time. For a short comment on the opinion go to the ABA Journal here.
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