Mark Herrmann at Above the Law uses hypotheticals about witness preparation to explore what he calls "ethics arbitrage" -- the use of lawyers from different jurisdictions (or with different professional licenses) so that the right lawyer can accomplish for the client what a different lawyer would be forbidden from doing. Herrmann's post doesn't dive too deeply into the choice of law issues, but it does raise a valid point. One example: biglaw firms can use lawyers who are governed by looser "no solicitation" rules to cold call corporate defendants who have been sued. Other examples of how that plays out in the US?
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(Texas A&M University School of Law) - Laurel Rigertas (Northern Illinois University)
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November 30, 2015
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