Rule 8.5 Disciplinary Authority; Choice of Law
Vermont Rules of Professional Conduct
Rule Text
(a) Disciplinary Authority. A lawyer admitted to practice in Vermont is subject to the disciplinary authority of Vermont, regardless of where the lawyer’s conduct occurs. A lawyer not admitted in Vermont is also subject to the disciplinary authority of Vermont if the lawyer provides or offers to provide any legal services in Vermont. A lawyer may be subject to the disciplinary authority of both Vermont and another jurisdiction for the same conduct.
(b) Choice of Law. In any exercise of the disciplinary authority of Vermont, the rules of professional conduct to be applied shall be as follows:
(1) for conduct in connection with a matter pending before a tribunal, the rules of the jurisdiction in which the tribunal sits, unless the rules of the tribunal provide otherwise; and
(2) for any other conduct, the rules of the jurisdiction in which the lawyer’s conduct occurred, or, if the predominant effect of the conduct is in a different jurisdiction, the rules of that jurisdiction shall be applied to the conduct. A lawyer shall not be subject to discipline if the lawyer’s conduct conforms to the rules of a jurisdiction in which the lawyer reasonably believes the predominant effect of the lawyer’s conduct will occur.
Amendment history: Amended June 17, 2009, eff. Sept. 1, 2009.