Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 81 - RULES OF PROFESSIONAL CONDUCT › Subchapter A - RULES OF PROFESSIONAL CONDUCT › MAINTAINING THE INTEGRITY OF THE PROFESSION › Rule 8.5 - Disciplinary Authority; Choice of Law

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Disciplinary Authority
.
						A lawyer admitted to practice in this jurisdiction is subject to the
						disciplinary authority of this jurisdiction, regardless of where the lawyer's
						conduct occurs. A lawyer not admitted in this jurisdiction is also subject to
						the disciplinary authority of this jurisdiction if the lawyer provides or
						offers to provide any legal services in this jurisdiction. A lawyer may be
						subject to the disciplinary authority of both this jurisdiction and another
						jurisdiction for the same conduct.
(b)
Choice of Law
. In any
						exercise of the disciplinary authority of this jurisdiction, the rules of
						professional conduct to be applied shall be as follows:
(1) for conduct in connection with a matter
						pending before a tribunal, the rules of the jurisdiction in which the tribunal
						sits shall be applied, unless the rules of the tribunal provide otherwise;
						and
(2) for any other conduct, the
						rules of the jurisdiction in which the lawyer's conduct occurred, or, if the
						predominant effect of the conduct is in a different jurisdiction, the rules of
						that jurisdiction shall be applied to the conduct. A lawyer shall not be
						subject to discipline if the lawyer's conduct conforms to the rules of a
						jurisdiction in which the lawyer reasonably believes the predominant effect of
						the lawyer's conduct will occur.
Comment
Disciplinary Authority
(1) It is longstanding law that the conduct
						of a lawyer admitted to practice in this jurisdiction is subject to the
						disciplinary authority of this jurisdiction. Extension of the disciplinary
						authority of this jurisdiction to other lawyers who provide or offer to provide
						legal services in this jurisdiction is for the protection of the citizens of
						this jurisdiction. Reciprocal enforcement of a jurisdiction's disciplinary
						findings and sanctions will further advance the purposes of this Rule. See
						Pennsylvania Rules of Disciplinary Enforcement 201(a)(6) and 216(d). A lawyer
						who is subject to the disciplinary authority of this jurisdiction under Rule
						8.5(a) appoints
						an official to be designated by this Court to receive sevice of process in this
						jurisdiction. The fact that the lawyer is subject to the disciplinary authority
						of this jurisdiction may be a factor in determining whether personal
						jurisdiction may be asserted over the lawyer for civil matters.
Choice of Law
(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. Additionally, the
						lawyer's conduct may involve significant contacts with more than one
						jurisdiction.
(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 and the profession (as well
						as the bodies having authority to regulate the profession). Accordingly, it
						takes the approach of (i) providing that any particular conduct of a lawyer
						shall be subject to only one set of rules of professional conduct, (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, and (iii) providing protection
						from discipline for lawyers who act reasonably in the face of
						uncertainty.
(4) Paragraph (b)(1)
						provides that as to a lawyer's conduct relating to a proceeding pending before
						a tribunal, the lawyer shall be subject only to the rules of the jurisdiction
						in which the tribunal sits unless the rules of the tribunal, including its
						choice of law rule, provide otherwise. As to all other conduct, including
						conduct in anticipation of a proceeding not yet pending before a tribunal,
						paragraph (b)(2) provides that a lawyer shall be subject to the rules of the
						jurisdiction in which the lawyer's conduct occurred, or, if the predominant
						effect of the conduct is in another jurisdiction, the rules of that
						jurisdiction shall be applied to the conduct. In the case of conduct in
						anticipation of a proceeding that is likely to be before a tribunal, the
						predominant effect of such conduct could be where the conduct occurred, where
						the tribunal sits or in another jurisdiction.
(5) When a lawyer's conduct involves
						significant contacts with more than one jurisdiction, it may not be clear
						whether the predominant effect of the lawyer's conduct will occur in a
						jurisdiction other than the one in which the conduct occurred. So long as the
						lawyer's conduct conforms to the rules of a jurisdiction in which the lawyer
						reasonably believes the predominant effect will occur, the lawyer shall not be
						subject to discipline under this Rule.
(6) If two admitting jurisdictions were to
						proceed against a lawyer for the same conduct, they should, applying this rule,
						identify the same governing ethics rules. They should take all appropriate
						steps to see that they do apply the same rule to the same conduct, and in all
						events should avoid proceeding against a lawyer on the basis of two
						inconsistent rules.
(7) The choice
						of law provision applies to lawyers engaged in transnational practice, unless
						international law, treaties or other agreements between competent regulatory
						authorities in the affected jurisdictions provide
						otherwise.