Several states have issued Advisory Opinions to the effect that as long as the lawyer is not "hanging out a shingle" in the state where they are not licensed, but are working remotely on matters for existing clients in another state, the unauthorized practice of law rules are not implicated.
The State Bar of Florida has addressed the issue specifically in the context of patent and trademark lawyers who are practicing "Federal law." According to the Bar’s notice:
“The UPL Standing Committee, pursuant to R. Regulating Fla. Bar 10-9.1(f)(3), provides this notice of filing a proposed advisory opinion. The proposed opinion finds that an out-of-state licensed attorney working remotely from his Florida home for his out-of-state law firm on federal intellectual property rights matters (and not Florida law) and without having or creating a public presence or profile in Florida as an attorney would not be engaged in the unlicensed practice of law.”
This may be of interest to all members but especially to our members based in the US:
The US American Bar Association (ABA)'s Standing Committee on Ethics and Professional Responsibility last week issued Formal Opinion 498 relating to ethical duties while practicing law virtually. The opinion can be found here: https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-498.pdf.
Discussion forum for:
-practicing virtually from a firm with one or more offices
-virtual issues, including IT, cross-border practice of law, cross-border financial rules/regulations, etc.
Association of Intellectual Property Firms (AIPF)
c/o RRR Associations, LLC2125 Center Ave., Suite 616, Fort Lee, NJ, USA 07024
T: 1.201.308.6948 F: 1.201.461.6635 E: email@example.com