The ABA recently released Opinion Formal Opinion 495 to assist lawyers who may be working remotely from a jurisdiction in which they are not licensed to practice law.
During the pandemic, it has become more common for a lawyer to being working from a jurisdiction in which he or she has another residence that may be closer to family or otherwise preferable during the pandemic.
The opinion advises that if a lawyer is working on cases or for clients that reside in the lawyer’s home state in which he or she is licensed and the lawyer does not create the appearance or otherwise hold him or herself out as licensed to practice in the state in which the lawyer is residing, then the lawyer’s conduct should remain within the rules of professional conduct. Of course, the advice assumes that the state from which the lawyer is remotely practicing has not determined the lawyer’s conduct to be the unauthorized practice of law.
Read the full opinion here.
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