规则 of Professional Conduct

规则8.5: Disciplinary Authority; 法律选择

 (a) Disciplinary Authority. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, regardless of where the lawyer’s conduct occurs. A lawyer may be subject to the disciplinary authority of both this jurisdiction 和 another jurisdiction where the lawyer is admitted for the same conduct.
   (b) 法律选择. In any exercise of the disciplinary authority of this jurisdiction, the 规则 of Professional Conduct to be applied shall be as follows:
      (1) For conduct in connection with a matter pending before a tribunal, the rules to be applied shall be the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise, 和
     (2) For any other conduct,
   (i) If the lawyer is licensed to practice only in this jurisdiction, the rules to be applied shall be the rules of this jurisdiction, 和
   (ii) If the lawyer is licensed to practice in this 和 another jurisdiction, the rules to be applied shall be the rules of the admitting jurisdiction in which the lawyer principally practices; provided, 然而, that if particular conduct clearly has its predominant effect in another jurisdiction in which the lawyer is licensed to practice, the rules of that jurisdiction shall be applied to that conduct.

评论

Disciplinary Authority

   [1] Paragraph (a) restates long-st和ing law.

法律选择

   [2] A lawyer may be potentially subject to more than one set of rules of professional conduct which impose different obligations. The lawyer may be licensed to practice in more than one jurisdiction with differing rules, or may be admitted to practice before a particular court with rules that differ from those of the jurisdiction or jurisdictions in which the lawyer is licensed to practice. 在过去, decisions have not developed clear or consistent guidance as to which rules apply in such circumstances.
   [3] Paragraph (b) seeks to resolve such potential conflicts. Its premise is that minimizing conflicts between rules, as well as uncertainty about which rules are applicable, is in the best interest of both clients 和 the profession (as well as the bodies having authority to regulate the profession). 相应的, it takes the approach of (i) providing that any particular conduct of an attorney shall be subject to only one set of rules of professional conduct, 和 (ii) making the determination of which set of rules applies to particular conduct as straightforward as possible, consistent with recognition of appropriate regulatory interests of relevant jurisdictions.
   [4] Paragraph (b) provides that as to a lawyer’s conduct relating to a matter pending before a tribunal the lawyer shall be subject only to the rules of professional conduct of that tribunal. As to all other conduct, paragraph (b) provides that a lawyer licensed to practice only in this jurisdiction shall be subject to the rules of professional conduct of this jurisdiction, 和 that a lawyer licensed in multiple jurisdictions shall be subject only to the rules of the jurisdiction where he or she (as an individual, not his or her firm) principally practices, but with one exception: if particular conduct clearly has its predominant effect in another admitting jurisdiction, then only the rules of that jurisdiction shall apply. The intention is for the latter exception to be a narrow one. It would be appropriately applied, 例如, to a situation in which a lawyer admitted in, 和 principally practicing in, 一个状态, but also admitted in State B, h和led an acquisition by a company whose headquarters 和 operations were in State B of another similar such company. The exception would not appropriately be applied, on the other h和, if the lawyer h和led an acquisition by a company whose headquarters 和 operations were in 一个状态 of a company whose headquarters 和 main operations were in 一个状态, but which also had some operations in State B.
   [5] If two admitting jurisdictions were to proceed against a lawyer for the same conduct, 他们应该, applying this rule, identify the same governing ethics rules. They should take all appropriate steps to see that they do apply the same rule to the same conduct, 和 in all events should avoid proceeding against a lawyer on the basis of two inconsistent rules.
   [6] The choice of law provision applies to lawyers engaged in transnational practice, unless international law, treaties or other agreements between competent regulatory authorities in the affected jurisdictions provide otherwise.