Outline
Day 1 – Intro to Legal Ethics + Sources & Application
MR 4.4 (b) – lawyer who receives information or document inadvertently from another party needs to promptly notify
This paragraph acknowledges that information may be inadvertently sent
Additional steps such as returning is beyond the scope of the rules here, and does not address the legal duties of a lawyer who receives such information
The added steps of deleting or returning the stored information is a matter of professional judgment
MR 5.5 – Unauthorized Practice of law; Multijurisdictional practice of law
Lawyer can’t practice law in a jurisdiction in violation of the regulation
This Paragraph restricts the unauthorized practice of law in a jurisdiction both directly and through assistance
The paragraph is meant to protect the public from legal services from unqualified practitioners, but still allows paraprofessionals to still help as long as they are supervised
Lawyers are allowed to provide professional advice and instruction to non-lawyers who need knowledge of law to practice, and may assist independent non lawyers and counsel non-lawyers who want to proceed pro se
Lawyers are not allowed to assist non-lawyer in unlicensed practice of the law
Lawyer not admitted to practice in a jurisdiction can’t
Establish and office or continuous presence for practice of law unless authorized by rules or other laws
Lawyer violates this statute if there is a continuous presence but they are not allowed to practice the law there, and may not hold themselves out like they can practice in that jurisdiction
Act like they are permitted to practice law in the jurisdiction
Lawyer admitted in another jurisdiction can practice on a temporary basis if:
The lawyer is working along with a lawyer that is admitted in the jurisdiction and regularly practices in it
For this paragraph to apply the lawyer practicing in the jurisdiction needs to actively participate and share responsibility in representation
The lawyer is reasonably related to a pending case in the jurisdiction, and is authorized by the law to appear
This authority may be granted where the is pro hac vice or pursuant to informal practices of the tribunal or agency
Lawyer does not violate authorization rules when appearing under these rules, but the lawyer still needs to obtain such authority
The rule is also not violated where a lawyer anticipates proceeding in a jurisdiction where they are authorized to practice OR
Lawyer reasonably expects to be admitted pro hac vice
This paragraph also allows lawyers associated with the lawyer but are not going to appear before the court or agency to support the lawyer who will appear before such entities
The case is related to a Alternative disputer resolution (mediation, arbitration, etc.) and not pro hac vice required
This rule permits a lawyer to participate in ADR where it arises out of situations that reasonably arise out of activities related to lawyer’s practice in the jurisdiction
Pro Hac vice may be required where the court rules or laws say so
The situations that don’t fit under the second or third requirement of (c) but arise out of a reasonable need for representation
There needs to be a relationship that show that the services are reasonably related to the lawyer’s practice in a jurisdiction
Factors such as: previous representation, or substantial contacts in a particular jurisdiction, multiple jurisdictions, representing corp. entities, etc.
These are situations where a lawyer can practice temporarily in a jurisdiction as long as there is no undue burden on the client
Still does not allow a lawyer to establish an office or other presence without being admitted
There is not set test to determine if the service is temporary or not
Lawyer admitted in another jurisdiction can provide legal services through an office or other continuous presence if:
Provided to the lawyer’s employers and when it’s by foreign lawyers there is the advice given by someone who is duly licensed and authorized by the jurisdiction to provide the advice, and the work does not require pro hac vice
This paragraph applies to foreign lawyers employed to provide legal services or organizational affiliates, and doesn’t affect the employer adversely because of their position to assess the qualifications of the layer
To further protect from risk lawyers authorized under this paragraph needs to base the advice on the advice of a lawyer authorized in the jurisdiction to provide it
services that is authorized by the jurisdiction based on law and rule
The authorized to practice is still salient in situations such as those where a lawyer is not allowed to practice at all, such as being inactive
This paragraph allows foreign lawyers to provide legal services when authorized by federal or other law which includes statutes, court rule, executive regulation
Lawyers practicing law in a jurisdiction is subject to the disciplinary authority of that jurisdiction
The lawyer may need to inform the client that they are not licensed for that jurisdiction
Lawyers are not authorized to advertise legal services in those jurisdictions
The foreign lawyer needs to be in good standing in the foreign jurisdiction, subject to effective regulation and discipline by constituted professional body
imposed by the law where there is a good faith belief that no valid obligation exists, which is defined in MR 1.2(d)
Lawyers in public offices have legal responsibilities beyond ordinary citiens and are not allowed to abuse their public office
MR 8.5 – Disciplinary Authority; Choice of law
Lawyer admitted to a jurisdiction or those not admitted by offering a legal service in it is subject to the disciplinary authority of that jurisdiction regardless of where the conduct occurs and lawyers can be subject to disciplinary authority of both for the same conduct
Lawyers subject to disciplinary authority appoint an official designated by the court to receive service of process, and the fact that the lawyer is subject to it may be a factor for determining personal jurisdiction for civil matters
For any disciplinary actions of the jurisdiction the rules of conduct applied are:
For conduct before a tribunal, the rules of the jurisdiction of that tribunal unless otherwise provided
This paragraph provides that conduct relating to proceeding before tribunal only subjects the lawyer to the rules of the tribunal
For all other conduct, the rules of the jurisdiction which the conduct occurred and a lawyer will not be subject to discipline if the conduct conformed to the rules that the actions predominantly occurred in
Lawyer subject to the rules if the predominant effect of the conduct is in the jurisdiction
Lawyers can be subject to more than one set of rules for professional conduct
This paragraph seeks to resolve potential conflicts of jurisdiction and to minimize uncertainty and to protect expectations of lawyers who act reasonably
There may be so much contact with multiple jurisdictions that it may not be clear where the predominant affect is but as long as the lawyer’s conduct conforms to the rules of the jurisdiction they believe is predominant then they will not be subject to discipline and the reasonable belief can be shown with written agreements
If two jurisdictions proceeds against a lawyer for the same conduct, they should try to apply the same rule to the same conduct, and avoid using inconsistent rules
