Washington Lawyer - April/May 2018 - 43
ASK THE ETHICS EXPERTS
MULTIJURISDICTIONAL CONDUCT:
WHICH ETHICS RULES APPLY?
Q
By Hope C. Todd
I am licensed in the District of Columbia and in
Colorado, where I live and practice law. Specifically,
I advise and assist clients in complying with state law in
a particular industry about which state and federal law
differ. In 2014 the Colorado Supreme Court adopted
Comment [14] to Colorado Rule of Professional
Conduct 1.2 to provide in effect a safe harbor for Colorado lawyers advising
and assisting clients in this industry, as long as such lawyers also advise clients
regarding federal law and policy. I am concerned that I could be disciplined
by the District of Columbia Office of Disciplinary Counsel (ODC) for providing
legal services to my Colorado clients because the D.C. Rules do not contain
such a safe harbor. Should I be worried?
A
Although ODC maintains disciplinary jurisdiction over
all D.C. Bar members regardless of where they
practice, D.C. Rule 8.5 exists to minimize possible conflicts between the ethics rules in different jurisdictions
and to resolve uncertainty about which ethics rules
apply. For a multijurisdictional lawyer's conduct that
is not in connection with a matter pending before a tribunal, D.C. Rule
8.5(b)(ii) will apply:
If the lawyer is licensed to practice in this and another jurisdiction, the
rules to be applied shall be the rules of the admitting jurisdiction in
which the lawyer principally practices; provided, however, 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.
Thus, ODC would apply the Colorado ethics rules in evaluating your conduct
in providing legal services to your Colorado clients in Colorado, and you
would have the benefit of the Colorado Rule 1.2 safe harbor. D.C. Rule
8.5 cannot, however, shield you from any legal risk arising from the conflict
between state and federal law, about which I am sure you are well aware.
D.C. Bar Legal Ethics counsel Hope C. Todd, Saul Jay Singer, and Erika Stillabower are
available for inquiries at ethics@dcbar.org.
Sapperstein & Associates, LLC
Real Estate Appraisers * Consultants * Due Diligence and Valuation Specialists
301-654-0214 | appraisal@sapperstein.net | Established 1982
Gary L Sapperstein, MAI, SRPA, MRICS
7920 Norfolk Ave, Ste, 220, Bethesda, MD 20814
Serving all of Maryland, including Baltimore,
Washington, D.C. and Northern Virginia
Appraisal Services
* For Lending Purposes
* Real estate portfolios
*
and reporting purposes
* Corporate realty assets
* Fair annual rental studies
* Valuation of underlying assets
for partnership purposes
* Litigation Support
* Date of Death Valuations
Table of Contents for the Digital Edition of Washington Lawyer - April/May 2018
Your Voice
From Our President
Calendar of Events
Government & Gavel
Feature: Our Future Begins Here
Super Lawyers
Feature: Risky Business
Member Spotlight
Worth Reading
Media Bytes
Attorney Briefs
Ask the Ethics Experts
Disciplinary Summaries
Community & Connections
Last Word
Washington Lawyer - April/May 2018 - Cover1
Washington Lawyer - April/May 2018 - Cover2
Washington Lawyer - April/May 2018 - 1
Washington Lawyer - April/May 2018 - 2
Washington Lawyer - April/May 2018 - 3
Washington Lawyer - April/May 2018 - 4
Washington Lawyer - April/May 2018 - Your Voice
Washington Lawyer - April/May 2018 - From Our President
Washington Lawyer - April/May 2018 - 7
Washington Lawyer - April/May 2018 - 8
Washington Lawyer - April/May 2018 - 9
Washington Lawyer - April/May 2018 - Calendar of Events
Washington Lawyer - April/May 2018 - 11
Washington Lawyer - April/May 2018 - Government & Gavel
Washington Lawyer - April/May 2018 - 13
Washington Lawyer - April/May 2018 - Feature: Our Future Begins Here
Washington Lawyer - April/May 2018 - 15
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Washington Lawyer - April/May 2018 - Super Lawyers
Washington Lawyer - April/May 2018 - SL2
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Washington Lawyer - April/May 2018 - SL4
Washington Lawyer - April/May 2018 - SL5
Washington Lawyer - April/May 2018 - SL6
Washington Lawyer - April/May 2018 - Feature: Risky Business
Washington Lawyer - April/May 2018 - 23
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Washington Lawyer - April/May 2018 - Member Spotlight
Washington Lawyer - April/May 2018 - 39
Washington Lawyer - April/May 2018 - Worth Reading
Washington Lawyer - April/May 2018 - Media Bytes
Washington Lawyer - April/May 2018 - Attorney Briefs
Washington Lawyer - April/May 2018 - Ask the Ethics Experts
Washington Lawyer - April/May 2018 - Disciplinary Summaries
Washington Lawyer - April/May 2018 - 45
Washington Lawyer - April/May 2018 - Community & Connections
Washington Lawyer - April/May 2018 - 47
Washington Lawyer - April/May 2018 - Last Word
Washington Lawyer - April/May 2018 - Cover3
Washington Lawyer - April/May 2018 - Cover4
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