The Choice of Rules Clause: A Solution to the Choice of Law Problem in Ethics Proceedings

J. Mark Little
Vol. 88, Issue 4
Note appears in Issue 4
88 Texas L. Rev. 855 (2010)

 In this Note, Little addresses the choice of law problem that arises in determining which jurisdiction’s ethics rules govern the conduct of lawyers in multijurisdictional legal transactions.  He initially criticizes the existing choice of law regime for ethics proceedings, arguing that the current patchwork of each state’s varying choice of law rules is inadequate.  In place of this broken regime, Little advocates for allowing lawyers and their clients to use choice of rules clauses to specify which state’s ethics rules will govern their legal transaction.

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