Articles Tagged with Multi-State Jurisdiction

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Point-Counterpoint - Model Rule 5.5

SNL’s Point-Counterpoint

Perhaps, I’ve never (co) authored an article with a smaller potential audience than the great give-and-take on the bandied-about subject of Model Rule 5.5 under the Rules of Professional Conduct. In the November 2022 edition of the American Bar Association’s online webzine, Law Practice Today (LPT), together with Charity Anastasio of the American Immigration Lawyers Association (AILA), we debate the viability of a revision.

In Point-Counterpoint:  The Likelihood of Revising RPC 5.5, we ask and answer the questionIs the Association of Professional Lawyers’ Proposal for a Revised Model Rule 5.5 on its way, or DOA?

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NewMexicoCLE-300x156Recently, I had the privilege of serving on a panel at the American Bar Association’s Law Practice Division continuing legal education program on the ethics of virtual and multi-jurisdictional lawyering in Santa Fe, New Mexico. The program was co-sponsored by the State Bar of New Mexico, and took place on May 18, 2018 at the Inn and Spa at Loretto.

Moderated by Albuquerque-based practitioner Charles Gurd, panelists included fellow Philadelphia area attorney Dan Siegel, and Charity Anastasio, Associate Practice Management Advisor at the American Immigration Lawyers Association. It struck me that the audience interest, interaction and participation were greater than in the vast majority of CLEs that I teach. These two intertwining and overlapping issues—virtual law practices and multi-state jurisdictional issues—go hand in hand, and often create as many questions as answers.

When I’m driving down I-95 and leave New Jersey to cross into Delaware, I know it. When I then cross from Delaware into Maryland, I know it as well. I also know that if I’m caught speeding in Delaware, the only police I need to worry about are the ones with Delaware on the side panels. Of course, reciprocity when it comes to fines and points are sometimes blurry, but not nearly as confusing as crossing state lines in your law practice, typically on the Internet. However, as many of the CLE audience opined, most lawyers today have practices that are not confined to one or two states.

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