Ethical responsibilities and the international lawyer: Mind the gaps

As more American lawyers are practicing abroad, the result of a growing glo bal market, additional ethical questions are presented. More specifically, attorneys' responsibilities have changed: in addition to knowing the law, t ransnational attorneys must also understand the cultures, traditions, and l anguages of the foreign societies in which they practice. Also crucial is a n understanding of foreign codes of professional conduct, which can differ markedly from the American Bar Association's Model Rules used in the United States. In this student note, the author details relevant provisions of the Model C ode, then compares them both to the codes of selected European countries an d, more broadly, to a multinational code the European Community has fashion ed. Important differences in areas such as conflicts of interest and attorn ey-client privilege are illustrated. Finally, the author proposes that Amer ican attorneys working abroad undergo a formal certification process to ens ure their proficiency and understanding of these ethical issues. Suggestion s for both law students and practicing attorneys are offered.