Uni-State Lawyers and Multinational Practice: Dealing with International, Transnational, and Foreign Law

Abstract

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.

Keywords: ethics, professional responsibility, transnational practice, international law, foreign law, cross-border transactions, Birbrower test, Estate of Condon, Fought