[textbook]Traversing the Ethical Minefield Problems, Law, and Professional Responsibility by Susan R. Martyn (z-lib.org)(1) (1)

casebook. For example, we noted that many countries provide some legal services to their
citizens who cannot afford to pay. 1 On the other hand, the EU differs from U.S. courts
about whether the attorney-client privilege extends to inside counsel, 2 and on the extent to
which lawyers can screen to remedy conflicts of interest. 3 England and Canada disagree
about the extent to which lawyers should be subject to criminal reporting provisions in
anti-money-laundering statutes. 4 Some of the most significant differences in regulation
occur in bar regulation, including multijurisdictional and multidisciplinary practice. 5
Multijurisdictional Practice
Unauthorized practice rules combine with Model Rule 5.5(a) to keep lawyers jurisdictionspecific
and prevent multijurisdictional practice. Birbrower illustrates the fact that lawyers
risk a number of penalties if they represent clients in a jurisdiction (or country) where they
are not admitted to practice law.
Yet as both individual and corporate clients have become more mobile, they often
confront legal problems in many jurisdictions or countries. Clients or law firms also might
prefer to outsource some legal tasks to providers in another jurisdiction. 6
Model Rule 5.5 allows some, but not all, multijurisdictional practice. The basic rule
articulated in Birbrower remains the same: A lawyer is not allowed to establish an office or
“other systematic and continuous presence” in a jurisdiction where he or she is not
admitted to practice.
Rule 5.5 carves out two groups of exceptions. The first hinges on temporary presence in
a jurisdiction to accomplish some specific purpose, such as pro hac vice admission,
association with another lawyer admitted in the jurisdiction, and practice or alternative
dispute resolution reasonably related to a matter where the lawyer is admitted to practice.
Note that these exceptions would not have legitimated the California practice of the New
York lawyers in Birbrower because they were not associated with California counsel and
neither the contract dispute nor the ADR were related to their New York practice. 7
The second group of exceptions does not rest on temporary presence, but instead
acknowledges a competing policy, such as the need for multijurisdictional services to some
clients. Thus, entities can hire inside counsels who do not need to be admitted in the
jurisdiction where their office is located, and legal services can be provided in any
jurisdiction if they are either authorized by federal law 8 or the law of that jurisdiction.
In contrast to these limited exceptions, the current EU practice provides a common set
of rules which encourage cross-border practice, but also allow each member state to
determine foreign practice rules. 9 In this country, Model Rule 8.5 clarifies that each
jurisdiction where law practice occurs has the ability to discipline both admitted and
nonadmitted lawyers. 10 It also provides a choice of law provision.
Multidisciplinary Practice
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