July 13, 2011 Articles

Allowing Lawyer Mobility: Why the ABA Should Adopt the Proposed Amendments to Model Rule 5.5(d)(3)

This memorandum was submitted to the Ethics 20/20 commission in May 2011 by authors Brian Toohey and Anne Marie Morris.

By Brian F. Toohey and Anne Marie Morris

The following memorandum was submitted to the Ethics 20/20 commission in May 2011 by authors Brian Toohey and Anne Marie Morris.

I. Recommendation
We support the proposed revision of Model Rule of Professional Conduct (MR) 5.5(d) to include a subsection 3 authorizing temporary admission for newly arrived lawyers, provided they give the required notice, identify a sponsor, and promptly apply for admission in their new jurisdiction. We recommend this addition because the current rule inadequately reflects the high incidence of lawyer mobility and the increasing number of law firms with offices in multiple jurisdictions. Further, the current rule can be a trap for the unwary.

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