Bar News - February 18, 2005
Professional Conduct Rule 8.5 Revised ~ Effective March 1, 2005
Rule 8.5
Disciplinary Authority;
Choice of Law;
Application of Rules to Nonlawyer Representatives
Underlined material indicates new text; strike-through material is text of the current rule to be deleted. The amendments to this rule take effect March 1, 2005.
Rule 8.5. Disciplinary Authority;
Choice of Law; Application of Rules to
Nonlawyer Representatives
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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 lawyernot 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 where the lawyer is admitted for the same conduct.
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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:
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for conduct in connection with a proceeding in a court before which a lawyer has been admitted to practice (either generally or for purposes of that proceeding), the rules to be applied shall be matter pending before a tribunal, the rules of the jurisdiction in which the court tribunal sits, unless the rules of the court tribunal provide otherwise; and
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for any other conduct,
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if the lawyer is licensed to practice only in this jurisdiction, the rules to be applied shall be the rules of this jurisdiction, and
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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 lawyer's conduct occurred, or if the predominant effect in another jurisdiction in which the lawyer is licensed to practice, of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to that conduct. 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.
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Application of Rules to Nonlawyer Representatives. Rules 1.2, 1.3, 1.4, 1.14, 1.15, 3.1, 3.2, 3.3, 3.4, 3.5, 4.1, 4.2, 4.3, 4.4, 8.2(a), and 8.4 of the Rules of Professional Conduct shall apply to persons who, while not attorneys at law, lawyers, are permitted to represent other persons before the courts of this State jurisdiction pursuant to RSA 311:1. The committee on professional conduct attorney discipline system shall have jurisdiction to consider grievances alleging violations of these Rules of Professional Conduct by nonlawyer representatives.
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