More Choice-of-Law

Today is Rule 8.5 day.

The Maryland Rules apply to the conduct of an attorney not admitted in Maryland.

District of Columbia Hearing Committee No. five has found misconduct and recommends a 90-day suspension for conduct before a Maryland federal court

The alleged misconduct here was in connection with matters pending before a Maryland tribunal. Under D.C. Rule 8.5(b)(1) the applicable rules are those of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise. Because the representation was in connection with a matter pending before the U.S. District Court for the District of Maryland, the Maryland Rules apply. See D. Md. Loc. R. 704. Respondent is a member of the District of Columbia Bar and not a member of the Maryland Bar. D.C. Rule 8.5(a) provides that “[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.” Accordingly, the Specification properly charges violations of the Maryland Rules.

One sour note – the docket number indicates that the complaint was filed seven years ago.

And there are miles to go before it sleeps. (Mike Frisch)