The Florida Bar Standing Committee on The Unlicensed Practice of Law (“UPL”) issued a proposed advisory opinion on August 17, 2020, in which it concluded that a New Jersey attorney working from his Florida residence, on federal intellectual property matters unrelated to Florida law, did not constitute UPL under Rule 4-5.5(b)(1).
Rule 4-5.5(b)(1) states that “[a] lawyer who is not admitted to practice in Florida may not: (1) except as authorized by other law, establish an office or other regular presence in Florida for the practice of law[.]”
The out-of-state petitioner who is requesting a formal advisory opinion is licensed in New Jersey and also works for a New Jersey firm. He is not licensed in Florida and, according to the opinion, does not plan to provide legal services to Florida residents. Furthermore, he would be working on federal, intellectual property matters, not Florida law.
The extent of his presence in the Florida community, according to the Standing Committee, is limited to the fact that he would be working from his private residence there. Therefore, the Committee concluded that petitioner’s presence in Florida did not violate Rule 4-5.5(b)(1).
Read the full opinion here.
