Document Type
Article
Publication Date
1992
Abstract
The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional discipline. Pending other steps that might lead to national uniformity, the answer for the federal courts may be a uniform set of norms directly regulating litigation conduct in all federal courts.
Keywords
Professional Conduct, Professional Ethics, Federal Practice, State practice, Federal Conflicts, Professional Standards and Responsibility, Choice of Law, Model Code of Professional Responsibilit
Publication Title
Fordham Urban Law Journal
Repository Citation
Burbank, Stephen B., "State Ethical Codes and Federal Practice: Emerging Conflicts and Suggestions for Reform" (1992). All Faculty Scholarship. 939.
https://scholarship.law.upenn.edu/faculty_scholarship/939
Included in
Conflict of Laws Commons, Ethics and Political Philosophy Commons, Jurisprudence Commons, Legal Ethics and Professional Responsibility Commons, Legal Profession Commons, Legal Theory Commons, State and Local Government Law Commons
Publication Citation
19 Fordham Urb. L.J. 969 (1992).