Transnational Litigation and Professional Ethics

• Author: Detlev Vagts and Catherine Rogers
• Pages: 31-41

3

An America n lawyer geari ng up for battle in a foreig n country’s courts, or i n a

case in U.S. court s involving foreign elements, must cons ult not only the rules of

civil procedu re but also the texts on professional re sponsibility. Particu larly when

foreign ethical rules apply, what the American finds t here will perhaps cause

astonishment, for there can be major dif ferences from the rules to which he or

she is accustomed. It may, in fact, be difficult in other countries even to find the

applicable rules and related sources. The Model Rules of Professional Conduct,

and the various st ate codes that reflect those Ru les, have been around longer and

are general ly more detailed than the codes of most ot her countries.

This chapter is designed to alert t he reader to the peculiarities and da ngers

that lurk in international litigation contexts. It is not and could not be a detailed

encyclopedic gu ide to all the rules of a ll the jurisdict ions around the world,2 but it

begins by su rveying the major differ ences that attorneys in internat ional litigation

. With the obv ious exception of England, t here are few sources on foreig n lawyers’

codes available i n English. On Eng lish rules, see L  E  P  R -

  (Ross Cranston ed., 995), and on Ca nadian rules, see B  S, P -

 C  L   J  (998). For the reader of Ger man, we suggest

P L. M   R S , G  C J (200) and M  H,

B   (2d ed. 2004), and, on fees, B  

 R  (Alf red Mümmler et al. eds., 997). Reg arding France, us eful texts

include J -C W  ., P  P  ’A (4th ed. 200),

and, in less d etail, R  M, D   ’A (9th ed. 2005).

2. For a more exte nded review see Detlev F. Vagts, Professional Responsibility in Trans-

border Practi ce: Conflict and R esolution, 3 G. J. L E  677 (2000).

CHAPTER 4

Transnational Litigation and

Professional Ethics

Detlev Vagts and Catherine Rogers

Leg23577_04_ch04_031-042.indd 31Leg23577_04_ch04_031-042.indd 31 1/14/14 9:04 AM1/14/14 9:04 AM