The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what con- stitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly trouble- some to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legisla- tion preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for pur- poses other than professional discipline. Pending other steps that might lead to national uniformity, the answer for the federal courts may be a uniform set of norms directly regulating litigation conduct in all federal courts.
Stephen B. Burbank,
State Ethical Codes and Federal Practice: Emerging Conflicts and Suggestions for Reform,
19 Fordham Urb. L.J. 969
Available at: https://ir.lawnet.fordham.edu/ulj/vol19/iss4/3