2024-13 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2024-13

Adoption Date: August 8, 2024

Rules: 4–8.5

Maintaining the Integrity of the Profession

Disciplinary Authority; Choice of Law

Subject: Choice of Law

Summary: lawyer should consider choice of law when practicing pro hac vice in another jurisdiction

Question: Lawyer represents Client in a litigation matter pending before a state court in a neighboring jurisdiction. Lawyer is licensed to practice in Missouri and has obtained a limited admission pro hac vice for the matter in neighboring jurisdiction. Lawyer asks whether to follow the Missouri Rules of Professional Conduct or the rules of the neighboring jurisdiction.

Answer: Lawyer is subject to the disciplinary authority of Missouri regardless of where the conduct occurs and may be subject to the disciplinary authority of the neighboring jurisdiction pursuant to Rule 4 dash–8.5(a). Rule 4 dash–8.5 states as follows:

(b) 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, 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.

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.

In this matter, Lawyer should follow the rules of the neighboring jurisdiction, as that is where the tribunal is located, and that is where the matter is pending before a state court in the neighboring jurisdiction.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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