Peace Is Not the Absence of Conflict: A Response to Professor Rogers' Article: "Fit and Function in Legal Ethics"


This paper takes the theoretical model Professor Catherine Rogers developed in her article “Fit and Function in Legal Ethics: Developing a Code of Conduct for International Arbitration,” 23 MICH. J. INT’L L. 341 (2002) as the starting point for an original argument that conflicts of laws analysis should be used to determine which legal ethics rules should apply to lawyers practicing international arbitration. The argument is supported by the new ABA Model Rules of Professional Conduct rule on choice of law explicitly applies conflicts of laws analysis to lawyers practicing in the multijurisdictional settings. This paper analyses the new ABA Model Rule and its impact on lawyers practicing in international arbitration.


Conflict of Laws | International Law | Legal Profession

Date of this Version

July 2006