{ "media_type": "text", "post_content": "Ethics question. Law firm is based out of NY. I am a NY barred attorney who would like to live about 1000 miles away as most of my work is completely remote. \n\nMy practice is mostly federal agency work. Never appearing in court. Do I have any UPOL issues?", "post_id": "60fd7e8a3298b50024e90102", "reply_count": 8, "vote_count": 2, "bowl_id": "552d1d24dc1c586b09d2d052", "bowl_name": "Law" }

Ethics question. Law firm is based out of NY. I am a NY barred attorney who would like to live about 1000 miles away as most of my work is completely remote. My practice is mostly federal agency work. Never appearing in court. Do I have any UPOL issues?

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Check the ethics rules of the state you’re moving to - the rules vary wildly. I work 100% remote & got barred in the new state b/c our ethics rules are phrased to require it...though I’ve been told that interpretation of the rules is never enforced here. I figured it wasn’t worth the risk.

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Depends where you will live, and how long you will stay there in the year. But sounds like you have a problem and should be barred in your local state.

Yep. You should check state laws. You also need to make sure you’re paying taxes properly in your resident state.

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What I would do is that most states have anonymous ethics lines. Where you want to live, I would call their help line and explain your situation. Also important is to call NY’s help line as well. But as an NY barred lawyer, I’ve never had an issue dealing with doing stuff in other states where I’m there by convenience only. Obviously, going to court is another matter, or doing state law specific stuff. And if you’re federal, get admitted into the district court where you live. You don’t have to be admitted to that specific state bar. For example, I’m admitted to US District your in Texas, and they never equipped me to be admitted into the Texas bar. But I think that might be a unique situation.

ABA released an opinion recently addressing exactly this. They say it’s fine so long as you do not hold yourself out as an attorney in a jurisdiction in which you are not barred. https://www.americanbar.org/news/abanews/aba-news-archives/2020/12/aba-issues-new-guidance-for-lawyers-to-navigate-model-rules-whil/

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