Proskauer Rose International Practice Guide Proskauer Rose LLP |
      Proskauer on International Litigation and Arbitration:
       Managing, Resolving, and Avoiding Cross-Border Business or Regulatory Disputes
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  1. Model Rule 8.5 of the ABA Model Rules of Professional Conduct (1996) applies only to the United States and was not intended to apply to transnational practice.
  2. The Model Rules incorporate a choice of law rule and ensure that lawyers are “subject to only one set of rules” to make determining which set of rules to apply as “straightforward as possible.” Model Rules of Professional Conduct Rule 8.5 (1996) cmt 3.
  3. The Model Rule holds lawyers accountable for the professional conduct rules only in the jurisdiction in which they are licensed.
    1. Lawyers admitted in more than one jurisdiction may be subject to disciplinary authority in each one.
    2. Lawyers appearing before counts in which they are admitted are also subject to the rules of the jurisdiction in which the court sits.
    3. For non-court conduct, the rules uses the law of the jurisdiction in which the lawyer “principally practices” or the jurisdiction in which the “particular conduct clearly has its predominant effect.”

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