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What happens when a lawyer commits a violation out of state?

What if something is legal out-of-state, but a violation in the lawyers home state? Which state's law applies?

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Final answer:

When a lawyer commits a violation out of state, they may face disciplinary action from their home state's licensing board. A lawyer is generally subject to the rules and regulations of the state where they are licensed to practice law, regardless of whether the violation occurred in another state where the action is legal.

Step-by-step explanation:

When a lawyer commits a violation out of state, the consequences will vary depending on the nature of the violation, the laws of the state where the violation occurred, and the rules governing the lawyer's conduct in their home state. In most cases, lawyers are subject to the rules and regulations of the state where they are licensed to practice law. This means that if a lawyer commits a violation that is legal in the state where it occurred, but a violation in their home state, they may still face disciplinary action from their home state's licensing board.

For example, if a lawyer from California, where marijuana use is legal, travels to a state where marijuana use is illegal and violates that state's laws, they could potentially face disciplinary action in California due to their violation of ethical rules or their failure to comply with the obligations of being a licensed attorney. Even though the lawyer's actions may have been legal in one state, their home state's laws and regulations still apply to their professional conduct.

It's important for lawyers to be aware of the laws and regulations of the states in which they practice and to adhere to the highest ethical standards to avoid any potential violations that could impact their career.

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