federal professional responsibility v. state professional responsibility

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leeyatong

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federal professional responsibility v. state professional responsibility

Postby leeyatong » Thu Aug 09, 2018 1:43 pm

Hi, guys:

I have a question about the federal professional responsibility RULE and state professional responsibility RULE. Could you please help me? Thanks.

which one is controlling? does it mean if the case is federal case, the federal rule is controlling, and if it is a state case, the state rule is controlling? Because for example, the federal rule prohibit the fee split with non-lawyers generally, but some states allowed it when there are some requirements satisfied. so which one is controlling? Thanks

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Teoeo

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Re: federal professional responsibility v. state professional responsibility

Postby Teoeo » Thu Aug 09, 2018 2:43 pm

read this article: http://www.fedbar.org/Resources_1/Feder ... px?FT=.pdf

Obviously in state court, state rules apply.

kyle010723

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Re: federal professional responsibility v. state professional responsibility

Postby kyle010723 » Thu Aug 09, 2018 4:25 pm

I am not aware of a "federal professional responsibility" beside courts' local rules when applicable because there isn't a "federal bar."

If by Federal PR you mean the ABA Model Rules, those are not the law, just like the UCC is not the law. Instead, they are adopted by individual states with some degrees of modifications.



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