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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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<img style="max-width: 100%;height: auto;max-width: 100%;height: auto" loading="lazy" class="alignright size-medium wp-image-5105" src="https://www.thelawforlawyerstoday.com/wp-content/uploads/sites/754/2020/07/Remote-work-300x200.jpg" alt="" width="300" height="200">Two recent developments in states accounting for a hefty percentage of U.S. lawyers spotlight the profession&rsquo;s move toward technology-based practice models that are untethered from physical offices.
In New York, the state senate last month unanimously passed a bill that would remove the requirement &mdash; dating to 1909 &mdash; that New York-licensed lawyers residing outside New York keep a physical office in the state.&nbsp; And in Florida, the state supreme court gave final approval to an ethics opinion permitting out-of-state lawyers to carry out their practices remotely from Florida.
Repeal of &ldquo;an antiquated law&rdquo;
In the Empire State, during a decade of litigation aimed at undoing the physical-office requirement on Constitutional grounds, the <a href="https://law.justia.com/cases/new-york/court-of-appeals/2015/39.html">state&rsquo;s high court in 2015</a> interpreted <a href="https://www.nysenate.gov/legislation/laws/JUD/470">&sect; 470 of the Judiciary Law</a> as requiring lawyers licensed in New York but not residing there to nonetheless maintain a brick-and-mortar office in New York.&nbsp; On May 12, the state senate overwhelmingly approved a <a href="https://www.nysenate.gov/legislation/bills/2021/s700">bill</a> that would repeal &sect; 470.
The New York State Bar Association has <a href="https://nysba.org/the-struggle-to-comply-with-new-yorks-in-state-law-office-requirement/">strongly backed the repeal bill</a>, citing the &ldquo;antiquated&rdquo; nature of the physical-office requirement, according to a <a href="https://www.law360.com/articles/1384274/ny-senate-oks-bill-nixing-atty-in-state-office-requirement">report</a> in Law360 (sub. req.).&nbsp; The bar group has argued that the old requirement reduces access to legal services (especially in rural areas), and imposes unnecessary expense on lawyers.&nbsp; About 25 percent of state bar members live outside New York, according to the association.
The physical-office requirement was long claimed to be justified by the need to ensure service of process on New York lawyers.&nbsp; But the state bar association&rsquo;s <a href="https://nysba.org/the-struggle-to-comply-with-new-yorks-in-state-law-office-requirement/">working group on the issue</a> said that was no longer true.&nbsp; And it found that &ldquo;the requirement of a physical office is often onerous to non-resident attorneys, [while] there is no nondiscriminatory basis for imposing that burden.&rdquo;
Following its approval by the state senate, the bill now will be considered by the state assembly, where it has already advanced out of that body&rsquo;s judiciary committee.
Sunshine in the Sunshine State
As we <a href="https://www.thelawforlawyerstoday.com/2020/08/your-florida-house-is-safe/">reported</a> last August, the Florida State Bar Standing Committee on the Unlicensed Practice of Law released a preliminary advisory <a href="https://www-media.floridabar.org/uploads/2020/07/Complete-FAO-2019-4-Opinion-1.pdf">opinion</a> that considered whether a New Jersey IP lawyer could work for his New Jersey clients from the bedroom of his Florida home.&nbsp; The committee said that those facts &ldquo;quite simply, do not implicate the unlicensed practice of law in Florida.&nbsp; Petitioner is not practicing Florida law or providing legal services for Florida residents.&nbsp; Nor is he or his law firm holding out to the public as having a Florida presence.&rdquo;
Now, the state supreme court has given <a href="https://www.floridasupremecourt.org/content/download/743446/opinion/sc20-1220.pdf">final approval</a> to the opinion, which gives official sanction to non-Florida-licensed snow birds and others who want to sojourn in the Sunshine State and continue to service their non-Florida clients.&nbsp; The now-official opinion raises thse guardrails:
<ul>
<li>you can&rsquo;t establish a &ldquo;place of business or office&rdquo; in Florida (your porch, den, etc. doesn&rsquo;t count);</li>
<li>your work must be solely for your regular (non-Florida) clients, on matters that don&rsquo;t pertain to &ldquo;Florida law;&rdquo; and</li>
<li>you can&rsquo;t &ldquo;hav[e] or [creat[e] a public presence or profile in Florida as an attorney.&rdquo;</li>
</ul>
Work-from-anywhere
The work-from-anywhere concept was already percolating in the form of &ldquo;<a href="https://www.thelawforlawyerstoday.com/2017/06/3378/">virtual law offices</a>&rdquo; when the COVID-19 pandemic arrived and accelerated the acceptance of new practice models using remote technology to reach clients, courts and each other.&nbsp; The trend is likely to persist, with more developments like the recent ones in New York and Florida, so stay tuned &mdash; literally.

core/freeform

Ethics

Legal Ethics, Professional Responsibility and the Business of Law

For lawyers, work-from-anywhere might be the new model:  NY and FL developments