This document discusses the potential impact of choice of law in an alternative business structure (ABS) world. It notes that proposed reforms are inconsistent with core principles of the legal profession. It also discusses how states could lose legal jobs, tax revenue, and regulatory control if they do not adapt to changes in choice of law. The document suggests that more changes may be pending as different legal systems compete to be the governing law in commercial contracts around the world.
15. 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.
15
18. "Every day, all round the world, the two legal systems battle it out to be the
governing law, for example on commercial contracts. So any advantages that
UK law has to win against US law, the better. Arguably this is good news for
UK law, to see the US being so backward." 18
VA LEO 1584May a lawyer who is a member of the VA Bar:Form a partnership with a non-lawyerIn Washington DC (DC allows non-lawyer partners)And practice law in VA and/or for VA-based clients (VA does not allow non-lawyer partners)
NYSBA Ethics Opinion 911May New York lawyers, with a NY office:Enter into a business relationship with a UK ABS To represent New York clients. As employees of the UK entity who would hold stock options
A New York lawyer may not practice law principally in New York as an employee of an out-of-state entity that has non-lawyer owners or managers.
BUT… What it is this about principally ?NYSBA Opinion 889: “Must look to choice of law rules in New York Rule”Consider principal place of business and predominate effectDC Office + some work in NY = DC RulesNY Office + (presumably) all revenue in NY = NY Rules
ABA Commission on Ethics 2020 currently assessing how virtual practice impacts needs to be licensed Is virtual practice “systematic and continuous” presence that requires licensingTaking comments until July 31