Which rules of conduct govern a Washington lawyer who appears in a federal district court in another state?
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This page answers the general question as of 1988. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry concerned a Washington lawyer authorized to appear in a federal district court located in another state, where that federal court had adopted the host state's disciplinary rules as the basis of its own disciplinary rules.
The committee was of the opinion that, in that situation, the lawyer should conform his or her conduct to the rules of the court in which he or she is appearing. The opinion does not cite a specific Rule of Professional Conduct; it states the principle that the forum court's rules govern the lawyer's conduct before that court.
Currency note
This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The Washington rules governing multijurisdictional practice and choice of disciplinary law have since been amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.
Common questions
Q: If a Washington lawyer appears in a federal court in another state, whose conduct rules apply?
A: Per the opinion, the rules of the court where the lawyer appears. The committee was of the opinion that the lawyer should conform his or her conduct to the rules of that court, which had adopted the host state's disciplinary rules.
Q: Did the committee cite a particular Rule of Professional Conduct?
A: No. The opinion states the conform-to-the-forum principle without citing a specific rule number.
Background and rules framework
The opinion addresses which body of conduct rules a Washington lawyer must follow when admitted to appear in a federal district court in another state. It does not identify a specific Rule of Professional Conduct. Its holding is the general statement that, where the federal court has adopted the host state's disciplinary rules, the lawyer should conform to the rules of the court in which the lawyer is appearing.
See also
- WSBA Ethics Op. 1031: which state's trust-account rules apply in multistate practice
- WSBA Ethics Op. 959: which state's trust-account rules apply when a lawyer practices in more than one state
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=243
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1163
Year Issued: 1988
RPC(s):
Subject: Appearance in out-of-state federal court; conduct controlled by rules adopted by that court
The Committee was of the opinion that where a Washington lawyer is authorized to appear in a Federal District Court in another state which has adopted that state's disciplinary rules as the basis of its disciplinary rules, the lawyer should conform his or her conduct to the rules of the court in which he or she is appearing.
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