I’ve been in practice for a total of 6 years in Florida, but my significant other needs to do an out of state 3-year residency next year. I’m hoping it will be a state that allows admission by motion without reciprocity required. If it’s somewhere without admission by motion, I’d really like to see if I could do a hybrid remote position out of Florida while living part time in the other state. Does anyone have any feedback on whether this is possible?

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Definitely possible, but over 6 years of practice in you can usually waive in to most any state without a test.

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If what you’re asking is whether it’s ok to live in another state while practicing Florida law remotely, the answer is most likely. We have people in our firm who do this due to (like you) their partners’ mobile jobs. My understanding is they confer with the resident state’s bar to ensure they’re in the clear (and won’t be accused of ULP). But with remote work due to Covid, some states now have published ethics opinions or have passed regulations about it that are pro allowing such an arrangement. You just need to research the resident state’s position on this situation.

Edit: a typo

Edit 2: PS - I have waived into two states. It’s also doable but is a long process and costs a decent amount (for me it was $1k-$2500k per state).

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Some states require that the other state likewise reciprocate it. Since you are coming from Florida, that could be an issue in some states (Florida has no incoming reciprocal admission)

I did a survey and for me it’s a 50/50 shot. Some states (like Texas, Illinois, and Michigan) don’t list a reciprocity requirement and just say from “another state jurisdiction” and practiced for 5/7 of the last years. Others like South Carolina and Kentucky do have a reciprocity requirement. My question though is just in case I end up in a state that requires reciprocity, can I still practice in Florida (but remotely part time)

I’ve also researched the UPL issue and found that while several states have adopted the ABA’s position permitting remote practice for an out of state jurisdiction, several states such as South Carolina and Georgia are completely silent on it. I think all that I can really do is reach out to the ethics hotline for those states to confirm, right?

And I guess my question is less whether or not is it technically possible, but more so in a real world scenario, would a firm completely scoff at the idea. Like, I was curious to know if the other litigators on here have encountered colleagues who work part time remote out of state and if their firm permits it etc. (particularly so when it’s only an associate)

I’m a 4th year litigation associate in Florida and I’m completely remote. You can definitely find a remote position and work in another state!

Defintley possible, it may be easier in a national firm that has an office in Florida. Our firm has a Tampa office but one of the partners sits in NC and an associate sits in Atlanta. Both work out of the Tampa office.

Only barred in Florida. Does Florida lit and some federal lit for other offices too

Fortunately, in the area of law that I practice the depos, mediations and even hearings are almost entirely remote for the foreseeable future. I literally come into work every day to just sit at my desk or at a conference table for a zoom call. The only problem is one of my immediate partners is extremely old school and likes everything in person/on paper. Honestly, I’d be able to make two weeks in office/two weeks out of office work per month if needed or even three days/two days in the office if I ended up somewhere like Georgia or South Carolina.

What I’m wondering though is if I should broach them subject with my firm now. I’ve been at this particular firm for 2 years (4 years before at DA’s office) and see if it’s something that we can work out in a year when I’m even more experienced or just wait until I’ve been here for 3 years?

That depends on your relationship with them and whether you feel like it would be well-received. Although I suppose if they don’t go for the idea, that’s your clue to start the on motion admission process asap and see what else is out there. Good luck!

Thanks for the feedback, everyone! Another concern for me though is the tax ramifications/workers comp insurance etc. of being an associate out of state. Does anyone have any insight on how firms handle that/would they freak out about it? My thought was to just say if it’s brought up that if my being out of state 50% of the time causes any financial obligations for the firm then please just deduct that from my paycheck. What do you think?

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