Professional Responsibility in Transborder Practice: Conflict and Resolution

This article explores the professional responsibility problems arising from the increasing tendency of lawyers' work to cross national frontiers. It first describes persisting variations in the rules governing professional practice from country to country and the underlying differences between professions that give rise to such variations. Examples are drawn primarily from France and Germany. It then explores the ways in which such differences might be resolved. Those problems may appear either in the form of disciplinary proceedings or malpractice suits and the conflicts of law rules as to the two categories of cases appear to differ significantly.