Attorney Discipline: Multijurisdictional Practice

1. Would the Birbower case have turned out any differently had MR 5.5 applied?

2. You are admitted in both state A and state B.  In state A you violate the confidences of a client from state A.  Can only state A discipline you, or both state A and B?

3. Let’s say that you are the same lawyer as in question 1. You violate the confidences of a client from state C in state C.  May the disciplinary authorities of state C sanction you? What could such sanctions possibly amount to?

4. Let’s say that you are admitted in state A.  State B’s professional responsibility rules require a lawyer not to violate client confidences concerning fraud upon the court.  State A’s rules says that you must violate client confidences under such circumstances.  You are appearing pro hac vice in the courts of state B.  The client commits fraud upon the court. You reveal the fraud.  You are brought up on disciplinary proceedings in state A.  Should you be disciplined under rule 8.5?

5. Assume you are admitted in state A.  State A has rule that an attorney may not violate client confidences concerning future fraud.  State B has the rule that the lawyer must violate client confidences under such circumstances.  You take on a client from state B.   In state B, the client tells you about his intent to commit fraud.  What should you do under rule 8.5?