Under Rule 8.5(a), is a lawyer subject to the disciplinary authority of more than one jurisdiction for the same conduct?

Under Rule 8.5(a), is a lawyer subject to the disciplinary authority of more than one jurisdiction for the same conduct?

• A. Yes, the lawyer may be subject to the disciplinary authority of both jurisdictions.
• B. No, only the jurisdiction where the conduct occurred may discipline.
• C. Only if the lawyer requests it.
• D. Only if the conduct was intentional.

Answer: (A)

Rule 8.5(a) lets a lawyer be disciplined by more than one jurisdiction for the same conduct. The idea is that a lawyer’s conduct can fall under the authority of every state or jurisdiction where the lawyer is admitted to practice and where the conduct occurred or had a substantial connection. So if you’re licensed in one state but engage in misconduct in another, or you practice in multiple states, multiple bars can discipline you for the same act. This isn’t about intent or about a lawyer opting in; it’s about concurrent disciplinary authority arising from where the lawyer is admitted and where the conduct took place or was connected. That’s why the correct answer says the lawyer may be subject to the disciplinary authority of both jurisdictions.

Rule 8.5(a) lets a lawyer be disciplined by more than one jurisdiction for the same conduct. The idea is that a lawyer’s conduct can fall under the authority of every state or jurisdiction where the lawyer is admitted to practice and where the conduct occurred or had a substantial connection. So if you’re licensed in one state but engage in misconduct in another, or you practice in multiple states, multiple bars can discipline you for the same act. This isn’t about intent or about a lawyer opting in; it’s about concurrent disciplinary authority arising from where the lawyer is admitted and where the conduct took place or was connected. That’s why the correct answer says the lawyer may be subject to the disciplinary authority of both jurisdictions.