In the New Normal Working Environment, When Is Remote Working (Not) the Unauthorized Practice of Law?

In his Professional Responsibility column, Anthony E. Davis considers some of the ethics opinions issued since the beginning of the pandemic that have addressed if, when and to what extent it is permissible for attorneys to work remotely from a state where they are not admitted.

In this article, Anthony will look at Formal Opinion 495 issued by the ABA Standing Committee on Ethic and Professional Responsibility in December 2020, which examined the professional responsibility issues that are involved when an attorney remotely practices law notionally in the jurisdiction in which they are actually licensed ("home" or "licensing" jurisdiction) while physically present in a jurisdiction in which they are not admitted ("remote" or "host" jurisdiction).

You can read “In the New Normal Working Environment, When Is Remote Working (Not) the Unauthorized Practice of Law?" published by the New York Law Journal on November 24, 2021, at the NYLJ website (subscription may be required).