1990 Illinois Rules of Professional Conduct
RULE 8.5 Disciplinary Authority; Choice
of Law
[revisions to 1990 Rule are
indicated as follows: text deleted from the 1990 Rule is shown by
strikethrough;
additions to the 1990 Rule are shown in red]
(a) 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 lawyer not 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, for the same conduct, to the disciplinary
authority of both this jurisdiction and another jurisdiction where
the lawyer is admitted
for the same conduct.
(b) Choice of Law. In any exercise of the disciplinary
authority of this jurisdiction, the Rrules
of Pprofessional Cconduct
to be applied shall be as follows:
(1) 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)
matter pending before a tribunal,
the rules to be applied shall be the rules of the jurisdiction in
which the court tribunal sits,
unless the rules of the court
tribunal provide otherwise; and
(2) for any other conduct,
(i) if the lawyer is licensed to practice only
in this jurisdiction, the rules to be applied shall be the rules of this
jurisdiction, and
(ii) 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 predominant
effect in another jurisdiction in which the lawyer is licensed to practice,
the rules of that jurisdiction shall be applied to that conduct.
Adopted February 8, 1990, effective
August 1, 1990; amended February 14, 1995, effective immediately.
Comment
(February 14, 1995)
(a) Source
The first sentence of Rule 8.5 is substantially
equivalent to the rule as originally issued on February 8, 1990, to be
effective August 1, 1990, which reads as follows:
"A lawyer admitted to practice in this
jurisdiction is subject to the disciplinary authority of this jurisdiction
although engaged in practice elsewhere."
This language was identical with the American Bar Association (ABA) Model
Rule language as it then stood.
The present language of Illinois Rule 8.5 is
substantially identical with the present ABA Model Rule language, as amended
August 11, 1993.
The ABA Model Rule language is followed by an
extensive "Comment" which is not adopted in Illinois.
(b)
Illinois Code of Professional Responsibility Provisions
The Illinois Code has no provisions relating to
this subject.
(c)
Other Comment
Paragraph (a) restates longstanding law. Nothing
contained in Rule 8.5 abrogates the jurisdiction of the Illinois courts or
the Attorney Registration and Disciplinary Commission over Illinois lawyers
no matter where they practice: the rule simply directs which law or code of
conduct should guide an Illinois tribunal when dealing with attorney conduct
in an interstate transaction.
The rule does not purport to direct such
tribunals when the transaction in question involves jurisdictions outside
the U.S.
In subparagraph (b)(2)(ii), the "jurisdiction in
which the lawyer principally practices" refers to the jurisdiction in which
the lawyer's principal office is located; the provisions of the subparagraph
relating to the "predominant effect" of "particular conduct" shall apply
solely to circumstances where there is a single jurisdiction, in which the
lawyer is licensed, which experiences that "predominant effect." Where no
such single jurisdiction can be determined, as in a large multistate
transaction, then the applicable rules of conduct would be those of the
jurisdiction of principal practice.