ABA Issues Guidance For Lawyers Working Remotely to Navigate Model Rules of Ethics
Members of the Standing Committee on Ethics and Professional Responsibility for the American Bar Association released a formal opinion to help lawyers apply the ABA model rules when they are practicing law remotely, particularly when working from jurisdictions in which they are not licensed.
Formal Opinion 495 provides guidance when a lawyer may practice the law for which they are licensed while physically in a different jurisdiction. Specifically, a lawyer physically present in a jurisdiction in which they are not licensed to practice – and the jurisdiction has not determined such practice is unauthorized – may practice if they meet the following guidelines:
• Does not establish an office or other systematic presence in that local jurisdiction.
• Does not “hold out” a presence or availability to perform legal services in that local jurisdiction, such as by providing local contact information or advertising such availability.
• Does not actually provide legal services for matters in that local jurisdiction, unless otherwise authorized.
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