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Hi guys,
Please help me with the referral.
Senior/Lead data Engineer
Exp -- 8.5 years
Notice period -- 30 days
Tech stack -- Big data,Hadoop, Spark, Kafka, Azure,Python,Scala,Sql
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The ABA issued some opinions on this topic during the pandemic: https://www.americanbar.org/groups/litigation/committees/ethics-professionalism/practice/2021/twin-aba-ethics-opinions-cover-what-you-need-to-know-about-remotely-practicing-law/
From my read, as long as you hold a license in either state (and your employer does not require more), you should be good.
You bet! It’s mostly common sense once I paused to think about it, but the rules and ABA don’t always follow the common sense standard so I was happy to read these opinions earlier in the pandemic.
Pro
First step is to look at what the rules for IHC registration/limited license say with respect to each state. If that doesn’t clarify, then contact ethics board in each to see whether there is any existing advisory opinion.
Short story: Don’t trust your license (or your neck when it comes to UPOL) to anonymous strangers over the internet.
It’s a state by state determination. Reach out to the state bars’ ethics hotline (or similar) and they can usually answer pretty quickly.
Thanks. I appreciate this.
Why not register in both to be safe?
I don’t have a US JD and some states require me to have that to register as in house counsel there. So I am trying to work around to see where I can actually be eligible to work as in-house counsel. For more context, I took some time off work but have a standing offer for a job in Utah. But Utah also happens to be one of those states with extra requirements I can’t fulfill as a non-JD licensed lawyer. I was wondering if I could work remotely from another state.
If you’re already licensed in Florida, I don’t think you need to be registered as in-house in Florida. I believe the purpose of the in-house registration in Florida is to accommodate those licensed outside of the state who come here to practice in-house so that they don’t have to take the bar. You may, however, have to update who your inventory attorney is (or “Greg” will be peeved) as well as updating your contact info on the Florida Bar website.
As to Texas, I cannot opine. My guess is you’d have to register as in-house there, but that’s solely a guess.
So definitely register as in-house counsel in my state of residence where I work from and likely have to register also in the state where employer has corporate office. Thanks for the help
Some states will not allow you to register as in-house counsel unless your employer is located in that state. The current rules aren’t really set up for remote work across state lines. Texas does not actually require registration, so you may be in luck there.
I just spent an hour researching this for my own edification, and in researching, I came across your post. I see it was 3 months ago, so hopefully you got your answer by now!
On the off chance you didn't, I thought I'd share this Advisory Opinion from Florida that is essentially the question you asked (except it is about a law firm lawyer, not in-house -- but that doesn't materially affect the analysis): https://www-media.floridabar.org/uploads/2020/07/Complete-FAO-2019-4-Opinion-1.pdf
In sum, you can live and work remotely from Florida as in-house counsel for a non-Florida business organization (in this case, Texas) without having to register as in-house counsel (or be licensed) in Florida.
The next step in the analysis depends on where you are currently licensed. Assuming you aren't licensed in Texas, it looks like you may need to register in Texas since your company is based there. Under the Supreme Court of Texas' Rules Governing Admission to the Bar of Texas (https://ble.texas.gov/rules), the relevant rule is Rule 14 titled, "Foreign Legal Consultants." If you are licensed in a state other than Texas, per Rule 14, § 1(b), you likely would need to register as a Foreign Legal Consultant in Texas (specifically based on Rule 14, § 1(b)(1)(B), plus §1(b)(2)-(4)).
@Counsel 3 Thank you so much for the detailed response. Really appreciate it.