Ethics Hotline & Opinions

ETHICS DOCKET NO. 2004-12

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 2004-12

Is it ethically permissible for a Maryland lawyer to file in another jurisdiction, without the assistance of local counsel, a request to defer its jurisdiction to a Maryland court?

 

In your communication, you have sought the advice of the Committee on whether it is permissible for a Maryland lawyer to file in another jurisdiction, without the assistance of local counsel, a request to defer jurisdiction to a Maryland court. In addition, you have advised that you are not a member of the bar of the jurisdiction in which you intend to file the request to defer jurisdiction. Finally, you have advised us that this matter is governed by the Uniform Child Custody Jurisdiction Act ("the Act") which, in Maryland, can be found in Subtitle 2, Family Law Article of the Annotated Code of Maryland, Section 9-201, et seq.

While the underlying course of action that you have determined is governed in Maryland by the Act, the conduct of litigation and the representation of your client in the other jurisdiction is governed by the provisions of the Act as enacted and administered under the laws of the other jurisdiction.

Pursuant to Rule 8.5(a) of the Rules of Professional Conduct promulgated by the Court of Appeals of Maryland ("Rules") gives guidance to your ethical responsibility, as follows:

(a) A lawyer admitted by the Court of Appeals to practice in this State is subject to the disciplinary authority of this State for a violation of these rules in this or any other jurisdiction.

Consequently, if the rules of ethics and the laws governing the practice of law within the other jurisdiction prohibit your filing the request to defer jurisdiction, then you must refrain from doing so. Failure to adhere to the laws and rules of the other jurisdiction will subject you to the disciplinary authority of the Court of Appeals of Maryland and of the other jurisdiction. rules in this or any other jurisdiction.

In addition to the possible violation of Rule 8.5, you should also be aware that you must undertake to represent your Maryland client competently as required by both Rule 1.1 and Rule 8.5. Without the assistance of local counsel who is familiar with the rules of ethics, the Act and the rules of civil procedure as promulgated in that other jurisdiction, it is difficult for the Committee to conclude that you would be able to fulfill your ethical duties to your client and that you would not be engaging in the unauthorized practice of law in that jurisdiction.

In our recent opinion, Ethics Docket 04-04, we addressed a Maryland attorney's obligation to follow Maryland law when practicing in other jurisdictions. In that opinion, we concluded that a Maryland attorney is subject to discipline for any violation of the Maryland Rules in any jurisdiction. A copy of that opinion may be obtained from the website of the Committee, www.msba.org 
 

 

REFERENCES:
Ethics Opinions: Ethics Docket 2004-04

 

DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.