This article addresses how a lawyer may ethically engage in a transnational practice given the current structure of state-by-state bar admission. Part II examines the ethical pitfalls of a transnational practice, including an examination of applicable APA Model Rules of Professional Conduct. This section also addresses different tests for determining whether a lawyer has committed the unauthorized practice of law. Part III makes use of examples to illustrate the legal framework for determining whether a lawyer has committed the unauthorized practice of law. In Part IV, the author concludes by making suggestions for how to better address the ethical dilemma of transnational lawyers.
Ronald A. Brand,
Uni-State Lawyers and Multinational Practice: Dealing with International, Transnational, and Foreign Law,
Vanderbilt Journal of Transnational Law
Available at: https://scholarship.law.pitt.edu/fac_articles/307