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Rule 8.5. Jurisdiction.
A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction although engaged in practice elsewhere. A person who, although not admitted to practice law in this jurisdiction, engages in the practice of law pursuant to court rule or order is subject to the disciplinary authority of this jurisdiction. (SCO 1123 effective July 15, 1993)
The second sentence of Rule 8.5 was added in order to cover the situation where an attorney admitted in another state is practicing in this state pursuant, for example, to Civil Rule 81 or Bar Rules 43, 43.1, and 44, or where a non-attorney has been allowed by special order of the court to engage in the practice of law before that court.
In modern practice lawyers frequently act outside the territorial limits of the jurisdiction in which they are licensed to practice, either in another state or outside the United States. In doing so, they remain subject to the governing authority of the jurisdiction in which they are licensed to practice. If their activity in another jurisdiction is substantial and continuous, it may constitute practice of law in that jurisdiction. See Rule 5.5.
If the rules of professional conduct in the two jurisdictions differ, principles of conflict of laws may apply. Similar problems can arise when a lawyer is licensed to practice in more than one jurisdiction.
Where the lawyer is licensed to practice law in two jurisdictions which impose conflicting obligations, applicable rules of choice of law may govern the situation. A related problem arises with respect to practice before a federal tribunal, where the general authority of the states to regulate the practice of law must be reconciled with such authority as federal tribunals may have to regulate practice before them.
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Copyright 1995-1999 by Touch N' Go Systems, Inc. All rights reserved. No copyright claim is made to the text of the rules.
Last Modified 7/14/1999