Ethics Governance
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| Article - Abstract. To view full article click on the article title. | |
http://www.wsba.org/media/publications/barnews/archives/2002/aug-02-ethics.htm Multijurisdictional Practice by Barrie Althoff, WSBA Professionalism Counsel. Opinions expressed herein are the author's and are not official or unofficial WSBA positions. After an introduction, this article looks at how Washington and the current and proposed ABA model rules handle jurisdiction over lawyer regulation. It then considers how the current regulatory approach may be affected by the treaty power under the U.S. Constitution, then briefly looks at several international agreements which may affect the regulation of the practice of law. It also looks at the very different and more coordinated and lawyer-friendly approach of the European Union to the regulation of multijurisdictional practice of law. I. Introduction When a lawyer provides legal services either physically or "virtually" in more than one jurisdiction, or represents a client in a transaction or litigation which involves more than one jurisdiction, which jurisdiction's ethical rules apply to the lawyer's conduct? Does the lawyer's conduct constitute the practice of law "in" other jurisdictions so that the lawyer needs to be admitted to practice in those jurisdictions? Does it matter if the presence is physical or virtual? Are the answers to the questions of "where" the lawyer is, or where the conduct takes place, controlling, relevant or irrelevant? Where transactions and litigation are increasingly multijurisdictional, does the continued local regulation of law practice continue to make sense? The following materials look at these questions, first in the context of Washington, then more broadly under national and international law. Full Article: http://www.wsba.org/media/publications/barnews/archives/2002/aug-02-ethics.htm |
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2006 Ethics-Governance.com |
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