The legal definition of forum shopping given in the online version of the Merriam-Webster law dictionary is “the practice of choosing the court in which to bring an action from among those courts that could properly exercise jurisdiction based on a determination of which court is likely to provide the most favorable outcome” (2018).
Although torn on my view of the practice of forum shopping, for this discussion I chose to view forum shopping as ethical based on the articles I read citing the ethical rules placing certain limitations on forum shopping. The article “Forum Shopping Reconsidered” published in the Harvard Law Review states, “the American legal system tends to treat forum shopping as unethical and inefficient; parties who forum shop are accused of abusing the adversary …show more content…
Forum shopping, however, is more complex than these characterizations suggest” (1990). The author of the article goes on to talk about the ethical rules that govern forum shopping and how forum shopping can help the legal system’s goal of remedying wrongs when done within ethical constraints. These constraints are realized in the ABA’s Model Rules of Professional Conduct. Comment 1 to the ABA Model Rules of Professional Conduct Rule 3.1 (2018) states, “The advocate has a duty to use legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, established the limits within which an advocate may proceed”. One could understand this to say it is the duty of an attorney to find the best forum for their client through forum shopping within the limits of ethical standards. In the article “A U.S. Perspective on Forum Shopping” written by Aaron D. Simowitz (2013) he
Although torn on my view of the practice of forum shopping, for this discussion I chose to view forum shopping as ethical based on the articles I read citing the ethical rules placing certain limitations on forum shopping. The article “Forum Shopping Reconsidered” published in the Harvard Law Review states, “the American legal system tends to treat forum shopping as unethical and inefficient; parties who forum shop are accused of abusing the adversary …show more content…
Forum shopping, however, is more complex than these characterizations suggest” (1990). The author of the article goes on to talk about the ethical rules that govern forum shopping and how forum shopping can help the legal system’s goal of remedying wrongs when done within ethical constraints. These constraints are realized in the ABA’s Model Rules of Professional Conduct. Comment 1 to the ABA Model Rules of Professional Conduct Rule 3.1 (2018) states, “The advocate has a duty to use legal procedure for the fullest benefit of the client’s cause, but also a duty not to abuse legal procedure. The law, both procedural and substantive, established the limits within which an advocate may proceed”. One could understand this to say it is the duty of an attorney to find the best forum for their client through forum shopping within the limits of ethical standards. In the article “A U.S. Perspective on Forum Shopping” written by Aaron D. Simowitz (2013) he