职业行为准则

规则8.5: 学科的权威; 法律选择

 (a)纪律当局. A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction, 不管澳门赌场官网的行为发生在哪里. A lawyer may be subject to the disciplinary authority of both this jurisdiction 和 another jurisdiction where the lawyer is admitted for the same conduct.
   (b)法律的选择. In any exercise of the disciplinary authority of this jurisdiction, the 职业行为准则 to be applied shall be as follows:
      (1) For conduct in connection with a matter pending before a tribunal, the rules to be applied shall be the rules of the jurisdiction in which the tribunal sits, 除非仲裁庭的规则另有规定, 和
     (二)其他行为;
   (i) If the lawyer is licensed to practice only in this jurisdiction, the rules to be applied shall be the rules of this jurisdiction, 和
   (ii) If the lawyer is licensed to practice in this 和 another jurisdiction, the rules to be applied shall be the rules of the admitting jurisdiction in which the lawyer principally practices; provided, 然而, that if particular conduct clearly has its predominant effect in another jurisdiction in which the lawyer is licensed to practice, the rules of that jurisdiction shall be applied to that conduct.

评论

学科的权威

   [1] (a)款重申了长期存在的法律.

法律选择

   [2] A lawyer may be potentially subject to more than one set of rules of professional conduct which impose different obligations. The lawyer may be licensed to practice in more than one jurisdiction with differing rules, or may be admitted to practice before a particular court with rules that differ from those of the jurisdiction or jurisdictions in which the lawyer is licensed to practice. 在过去, decisions have not developed clear or consistent guidance as to which rules apply in such circumstances.
   [3] Paragraph (b) seeks to resolve such potential conflicts. Its premise is that minimizing conflicts between rules, as well as uncertainty about which rules are applicable, is in the best interest of both clients 和 the profession (as well as the bodies having authority to regulate the profession). 相应的, it takes the approach of (i) providing that any particular conduct of an attorney shall be subject to only one set of rules of professional conduct, 和 (ii) making the determination of which set of rules applies to particular conduct as straightforward as possible, consistent with recognition of appropriate regulatory interests of relevant jurisdictions.
   [4] Paragraph (b) provides that as to a lawyer’s conduct relating to a matter pending before a tribunal the lawyer shall be subject only to the rules of professional conduct of that tribunal. 至于其他的行为, paragraph (b) provides that a lawyer licensed to practice only in this jurisdiction shall be subject to the rules of professional conduct of this jurisdiction, 和 that a lawyer licensed in multiple jurisdictions shall be subject only to the rules of the jurisdiction where he or she (as an individual, (不是他或她的公司)主要业务, but with one exception: if particular conduct clearly has its predominant effect in another admitting jurisdiction, then only the rules of that jurisdiction shall apply. The intention is for the latter exception to be a narrow one. 它将得到适当的应用, 例如, 一个澳门赌场官网承认的情况, 主要是在, 一个状态, 但也被B州录取, h和led an acquisition by a company whose headquarters 和 operations were in State B of another similar such company. 例外将不适当地适用, 另一方面, if the lawyer h和led an acquisition by a company whose headquarters 和 operations were in 一个状态 of a company whose headquarters 和 main operations were in 一个状态, 而且在B州也有一些业务.
   [5] If two admitting jurisdictions were to proceed against a lawyer for the same conduct, 他们应该, 应用此规则, 确定相同的管理道德规则. They should take all appropriate steps to see that they do apply the same rule to the same conduct, 和 in all events should avoid proceeding against a lawyer on the basis of two inconsistent rules.
   [6] The choice of law provision applies to lawyers engaged in transnational practice, 除非国际法, treaties or other agreements between competent regulatory authorities in the affected jurisdictions provide otherwise.