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I am a complete freakin' idiot. It didn't occur to me until tonight
to look at the Texas Disciplinary Rules of Professional Conduct's choice of law
provision.
Here's Comment 3 to Texas Rule 8.05:
3. If the rules of professional conduct of this state and that [of]
other jurisdictions differ, principles of conflict of laws may apply.
Similar problems can arise when a lawyer is licensed to practice in more than
one jurisdiction and these jurisdictions impose conflicting obligations. A
related problem arises with respect to practice before a federal tribunal, where
the general authority of the state to regulate the practice of law must be
reconciled with such authority as federal tribunals may have to regulate
practice before them. In such cases, this state will not impose discipline
for conduct arising in connection with the practice of law in another
jurisdiction or resulting in lawyer discipline in another jurisdiction unless
the conduct constitutes professional misconduct under Rule 8.04.
Semper Fi,
DHS |