New York Rule 8.5: Choice of Law or Law of Choice?

September 24, 2015

By: Devika Kewalramani and Robert B. McFarlane

New York State Bar Association Journal

This article titled, "New York Rule 8.5: Choice of Law or Law of Choice?" discusses the many complexities in applying New York's choice of law rule in the context of New York lawyers licensed to practice in multiple jurisdictions. The article draws on recent New York State Bar ethics opinions and common practice scenarios to examine the textual nuances of the rule and the practical challenges that can arise in determining what law controls a lawyer's conduct. The article concludes by cautioning New York lawyers to carefully analyze their conduct under the rules, before engaging in the conduct, to avoid professional discipline in New York, and beyond.

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