Technical question: if I work for a firm in State A, am barred in State A, but live and work remotely in State B, where my firm has no presence, am I breaking any rules in State B?

likehelpful
Posting as :
works at
You are currently posting as works at

Unlikely, so long as you aren’t representing clients in state B or holding yourself as a lawyer in state B. Otherwise, any time we worked on vacation (in the US anyway) we’d being engaged in the unauthorized practice when answering emails, drafting briefs, etc. Or lived in one state with offices in another.

like

Pretty sure this is the answer, based on my MPRE review days.

There's a famous case of a lawyer from northern Kentucky who practiced exclusively Kentucky law, but did so from her office in Cincinnati (literally right across the river from KY), and the Ohio bar charged her with UPL. However, the OH Supreme Court reversed and basically said it was unconstitutional because OH has no interest in regulating the practice of law of attorneys working exclusively for clients in a foreign jurisdiction.

This case is really good dicta because not many states have ruled on the issue, but with everyone working remotely right now, I'm sure the guardians of the bar aren't interested in picking a fight. My advice is to just make sure you still actually have a physical office in a jurisdiction where you are barred.

smartlike

I think this was where the “holding a systematic practice” argument arose from? Most jurisdictions are good to let you do your think but it’s good to get an ethics expert to brief you on your scenario since some states still have varying ideas of what holding a “systematic practice” as a UPL violation constitutes.

I think the most risky state(s) have it a violation of your practice is structured in such a way it “advertises” you to State B even if you disclaim you’re State A only.

Think of like having a brick and mortar office for business law that attracts walk-ins on the state border, and you tell people “well if you incorporated your business in State A and not B I could be your lawyer.” Some State B’s would call that UPL.

like

Depends heavily on the state - could be considered unauthorized practice of law, depending on the way their PR rules are phrased/interpreted.

like

This. NY has strict rules about having an office...not a mailstop or POBox, in NY for instance.

like

See I think that's going to be a new question to be answered but I don't think so. The model rules say stuff about that it has to reasonably come from State A. But you're also not appearing for hearings or anything like that in State B. I would argue that you're safe.

likesmart

You can call the state bar and ask

like

I would check the Rules for unauthorized practice in State B and also any recent guidance as a result of COVID.

Are you advising clients on issues under the law in State B?

If you’re still practicing state A law I cannot fathom that would be UPL - similar to the vacation example above. I base this on absolutely no research and only my intuition.

I cannot imagine any state bar organization would argue that you are practicing law in State B. If so, Lawyer’s would have to stop listening or reviewing depositions when they travel from one state to another state.

Sometimes attorneys worry about things they don’t need to worry about. Think: I can always apologize, rather than I need permission.

It actually depends on the state here, but usually for short and specific matters like depos or a client meeting, it's permitted and not UPL. The longer the stay, the higher chance you could start running into UPL. But for OPs case and for everyone else at home in a different state from where they're admitted, it's probably not a concern.

like

Related Posts

I’m trying to get an estimated ideal of what my costs would be when moving to Chicago. How much do you spend a month on “going out” (before pandemic)? Specifically referring to going to restaurants, getting drinks, take out, and coffee. Not including transportation.

like

Ey Gds or PWC Sdc/AC which one is good for 9+years of experience interms of WLB, hikes and other benifits?
TIA

like

I am unable to log into the ionboard portal. Anyone facing the same issue. Please let me know.

Is working on a client with SOX controls particularly valuable for exit opportunities?

like

Need Infosys referral urgently for java or AWS Devops..any help will be nice

like

And now.. let me take a selfie!

Post Photo
funnylike

Anyone out there do any Broadcast Operations work for live tv as a full-time job? If so, what are you making? I have trying to build a case for salary around $100k or in that range.

like

Dick's Sporting Goods Just moved to the Pittsburgh area, is there anyone here from PNC , American Eagle Outfitters , or Dick's Sporting Goods who could inform me in the pay scale for your product managers? Thank you!

like
like

अरे? दिवाली पार्टी में शराब परोसी जाएगी या नहीं? इस बारे में कोई विचार? 🙊

likefunny
like

Hi NatWest folks,

I got offer from NatWest Chennai location . My skills set is project management 13 years experience. They have mentioned in my offer letter B7 corporate title is associate. When I ask to hr guy he said it is equal to Manager level. But title will change department department. Is it true? B7 is manager role ? What is CDIO department in Natwest. Please clear my doubts

likefunny

Does anyone in here work exclusively with B2B enterprise marketing using paid ads on Google and Facebook?

like

Favorite halal restaurant in Boston? Help a Muslim brother out 😅

likesmart

Any personal injury attorneys attending the AAJ Winter Convention in New Orleans this weekend? Looking to network and setup some potential referral partnerships.

like

Hey All! Is there any circular by Government of Maharashtra mandating 50% office attendance? From July 1?

like

Hi, I have 6 years of experience as a developer and have offers from, Harman Connected Services(WebAPI Developer - 20 LPA), bank of america(Senior Developer II - 20 LPA), Siemens(Desktop developer-20LPA), NSR Information System(Senior Software Engineer -20LPA), Tech M, Cognizant, Kellton Tech, FIS Global, Mind tree. Packages are in the range 20+. Which company should I join for good projects and good wlb?

What was the deciding factor or inspiration that had you become a Math Educator? Was it a person? An experience? Drop it below! 👇

like

Has anybody worked with time tracking tool like time doctor. My new company use that , what are the challenges of it. Will there be any issue if i dnt complete 8hr through time doctor.

likefunny

Looking to buy a new family car. We have 4 kids and 2 dogs. Our current car is a Sienna but was hoping to get out of a minivan and into an SUV. Any thoughts on the best and biggest SUVs out there?

Additional Posts in Law

How do I train my critical thinking skills? Any book recommendations?

like

How long should it take to do a conflict check for a 2nd year lateral associate? I am trying to figure out how long I should wait before following up.

like

You know you're finance friendly WHEN you wanna research the state crossing issues with fossil fuel emissions to argue against keeping associated torts in state so you start all the legal anal trials!

like

So I feel a combination of relief and guilt as a bankruptcy/restructuring attorney. I think I’ll be ok since it’s going to be a very busy time soon. But at the same time nobody else is going to be ok

like

Hardest part of navigating maternity leave and WLB as a junior partner?

like

Any ID attorneys get their CPCU? Trying to make myself more marketable as claims counsel or in-house for a carrier (not doing ID).

like

How are 1st year litigation associates dealing with WFH? I’ve been having terrible anxiety/panic attacks, and pretty sure my billables wont exceed 110 for April. I’ve been super stressed about it and don’t know how to move on to May with the proper mindset to make up for as much time missed as possible. CA courts are still closed, and I’m worried I won’t be able to exceed (or even meet) my May goal after April.

like

I'm a long time prosecutor getting into the ID game and billable hours. Are there any resources out there that can help me get more effective/efficient without spending months/years learning the hard way? Some days I'm at the office 10 hours, took virtually no breaks and yet only bill 7. 🤬

like

If I'm applying to a firm as a second year and the application requires a writing sample, would it be better to attach a brief I wrote in law school, or a brief written during my limited practice, which was revised by both a senior associate and shareholder?

likesmart

How hard is the path from lit to GC?

like

Constantly worried I’m going to get fired because I don’t know where I stand at my mid sized law firm (second year associate).

like

I want to get out of ID so badly. I don’t mind the work but the hours are just killing me. I just started at a new firm less than 6 months ago and I am already desperate to get out. It is not the firm or the people. I just hate the high billables. I have been applying to other jobs but I think I may need a recruiter for help. Any recommendation for a great recruiter in NYC?

like

Which of the following, if any, are damaging to an attorney’s professional reputation and odds at equity partnership? DWI, bankruptcy, or divorce.

like

PI Attorneys: What are some of your best talking points in negotiations with adjusters?

like

Just found out I will be taking two depositions in the near future. These are not key witnesses but I am still nervous. I’ve only been licensed since October of last year and still feel like I have no clue what I’m doing half the time. Any deposition tips?

like

How often do temporary "might-become-permanent" type jobs (at small/mid size firms) actually become permanent?

like

Can someone recommend a good printer for home office use? I need something I can print 10-20 pages per day on. My law school printer is on its last leg.

like

How do you properly vet a law firm? I feel the associates I speak with talk up the firm and aren’t always candid.

like

Best small carry on? They keep shrinking the acceptable luggage size and half of the models out there don't qualify

likehelpful

Trying to explain billable hrs to hubs. I billed 160 this month, which he said “is only 40 hr weeks” (true) - but how many hrs do you figure you “work” or are in the office to bill 150?

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the
Fishbowl app

See what’s happening in your industry
from the palm of your hand.

A phone with Fishbowl app

Scan your QR code to download
Fishbowl app on your mobile

Download app

Sign up for free to view this conversation on Fishbowl

By continuing you agree to Terms of Use and Privacy Policy

Already have an account? Log in

Sign up for free to continue using Fishbowl

By continuing you agree to Terms of Use(New) and Privacy Policy(New)
Messaging rates may apply

Already have an account? Log in

For account settings, visit Fishbowl on Desktop Browser or

General

Legal