Law Commons^™

Multijurisdictional Practice And The Influence Of Model Rule Of Professional Conduct 5.5 - An Interim Assessment, Arthur F. Greenbaum

Arthur F Greenbaum

In adopting Model Rule 5.5 the ABA hoped to both modernize the standards for multijurisdictional practice, and to promote greater uniformity in the states with respect to such practice. While the ABA’s efforts have borne substantial fruit, the degree to which these goals have been met is often overstated. In this article, I explore in depth the influence Model Rule 5.5 has had on the states, the degree of variation that remains, and the unintended consequences that may flow from this reform effort.

Judicial Reporting Of Lawyer Misconduct, Arthur F. Greenbaum

Arthur F Greenbaum

It has long been recognized that judges can and should play a central role in the lawyer disciplinary process by reporting substantial lawyer misconduct they observe to disciplinary authorities. Despite the nearly 20-year existence of a mandatory reporting rule in such instances, the conventional wisdom suggests that the rule often is not followed. While the 2007 revision of the ABA Model Code of Judicial Conduct provided a golden opportunity to address this problem, the process resulted in little more than a hortatory reaffirmation of the basic principle. There is a better path.

In this essay, I thoroughly analyze the costs …