Paralegal Ava is writing a brief in defense of a lawyer facing disciplinary charges. Ava has a choice between citing her state's professional conduct rule 3.7 (on the lawyer acting as a witness in his own trial) or ABA Model Rule 3.7. Both rules say exactly the same thing but the ABA Rule has explanatory Comments, and her state law does not. Her best choice is to
A) cite the ABA Model Rule because the ABA Rules have more authority than the state rules. This is true because the ABA is a federal agency.
B) do not cite either. This is true because the rules of professional conduct are just "rules," not law.
C) cite her state's rule. This is true because lawyers in Ava's state are bound by the laws of that state, not the "models" written by the ABA. She can still refer to the Comments if she needs them.
D) cite the ABA Model Rule because the ABA Rules have more authority than state rules. This is true because the ABA has been writing rules of professional conduct longer than any state.
C
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