Ala. R. Prof'l Conduct 8.5

History

[Amended 5-13-2025, effective 1-1-2026.] Comment In modern practice lawyers frequently act outside the territorial limits of the jurisdiction in which they are licensed to practice, either in another state or outside the United States. In doing so, they remain subject to the governing authority of the jurisdiction in which they are licensed to practice. If their activity in another jurisdiction is substantial and continuous, it may constitute practice of law in that jurisdiction. See Rule 5.5. If the rules of professional conduct in the two jurisdictions differ, principles of conflict of laws may apply. Similar problems can arise when a lawyer is licensed to practice in more than one jurisdiction. Where the lawyer is licensed to practice law in two jurisdictions which impose conflicting obligations, applicable rules of choice of law may govern the situation. A related problem arises with respect to practice before a federal tribunal, where the general authority of the states to regulate the practice of law must be reconciled with such authority as federal tribunals may have to regulate practice before them. Comment It is long-standing law that the conduct of a lawyer admitted to practice in in this jurisdiction is subject to the disciplinary authority of this jurisdiction. Extension of the disciplinary authority of this jurisdiction to other lawyers who provide or offer to provide legal services in this jurisdiction is for the protection of the citizens of this jurisdiction. Reciprocal enforcement of a jurisdiction's disciplinary findings and sanctions will further advance the purposes of this Rule. A lawyer who is subject to the disciplinary authority of this jurisdiction under Rule 8.5 must appoint an official to be designated by the Supreme Court of Alabama to receive service of process in this jurisdiction. The fact that the lawyer is subject to the disciplinary authority of this jurisdiction may be a factor in determining whether personal jurisdiction may be asserted over the lawyer for civil matters. If the rules of professional conduct in the two jurisdictions differ, principles of conflict of laws may apply. Similar problems can arise when a lawyer is licensed to practice in more than one jurisdiction. Where the lawyer is licensed to practice law in two jurisdictions which impose conflicting obligations, applicable rules of choice of law may govern the situation. A related problem arises with respect to practice before a federal tribunal, where the general authority of the states to regulate the practice of law must be reconciled with such authority as federal tribunals may have to regulate practice before them. Comparison with Former Alabama Code of Professional Responsibility There was no counterpart to this Rule in the former Alabama Code of Professional Responsibility. Note from the reporter of decisions: The order amending Rule 7.1, Rule 7.2, the Comment to Rule 7.2, Rule 7.3, the Comment to Rule 7.3, Rule 8.5, and the Comment to Rule 8.5, Alabama Rules of Professional Conduct; adopting the Comment to Rule 7.1, Alabama Rules of Professional Conduct, as Amended Effective January 1, 2026; and amending Rule 1(a)(1), Alabama Rules of Disciplinary Procedure, effective January 1, 2026, is published in that volume of Alabama Reporter that contains Alabama cases from __ So. 3d.