If a case has cross-border elements, what is the expected approach?

• A. Identify applicable legal and ethical rules across jurisdictions, avoid conflicts, and seek appropriate advice or approval.
• B. Follow only local rules and ignore others.
• C. Avoid cross-border elements to sidestep issues.
• D. Rely on memory of general ethics.

Answer: (A)

When a case involves cross-border elements, you have to map out which legal and ethical rules apply in each jurisdiction involved and plan to comply with all of them. That means identifying the applicable professional conduct rules in every jurisdiction that could govern the matter, recognizing where duties or prohibitions may conflict, and taking steps to avoid or resolve any conflicts of interest. The proper approach is to seek appropriate advice or approvals from the relevant authorities or bodies and, where necessary, obtain informed consent or direction from the client and, if required, the court or regulator. This ensures you operate within the boundaries of multiple jurisdictions rather than assuming one set of rules suffices. The other options fall short: following only local rules ignores other regimes; avoiding cross-border elements to sidestep issues is unethical and impractical; relying solely on memory of ethical guidelines does not ensure you meet the precise duties in each jurisdiction.