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R. Regulating Fla. Bar 4-8.5

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 4-8.5 Jurisdiction

Maintaining the Integrity of the Profession

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Rule Text

A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction although engaged in practice elsewhere.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Here's a plain English summary of this rule:

If you're a lawyer licensed in Florida, Florida can discipline you for misconduct even if you're working on a case in another state. Getting licensed in Florida means you agree to follow Florida's rules for lawyer behavior, no matter where you actually do your legal work.

This matters because lawyers often handle cases that cross state lines or represent clients who live elsewhere. A Florida lawyer can't avoid Florida's disciplinary rules just by doing the work in another state or for an out of state client. If that lawyer breaks the rules, Florida's bar can still investigate and punish them, even though the misconduct happened somewhere else.

Committee Notes

In modern practice lawyers frequently act outside the territorial limits of the jurisdiction in which they are licensed to practice, either in another state or outside the United States. In doing so, they remain subject to the governing authority of the jurisdiction in which they are licensed to practice. If their activity in another jurisdiction is substantial and continuous, it may constitute the practice of law in that jurisdiction. See rule 4-5.5. If the Rules of Professional Conduct in the 2 jurisdictions differ, principles of conflict of laws may apply. Similar problems can arise when a lawyer is licensed to practice in more than 1 jurisdiction. Where the lawyer is licensed to practice law in 2 jurisdictions that impose conflicting obligations, applicable rules of choice of law may govern the situation. A related problem arises with respect to practice before a federal tribunal where the general authority of the states to regulate the practice of law must be reconciled with such authority as federal tribunals may have to regulate practice before them. Amended July 23, 1992, effective Jan. 1, 1993 (605 So.2d 252).

← Previous Rule 4-8.4: Misconduct Next → Rule 4-8.6: Authorized Business Entities