May 20, 2019 Top Story

Out-of-State Practice Upheld Against UPL Challenge

Professional conduct rules may need an update to accommodate evolving technology

By James A. Sweeney

A lawyer relocated to one of her firm’s out-of-state offices is not prohibited from practicing on matters pending in her former state while her application to practice in the new state is pending and when the arrangement in her new office is “temporary.”

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Moreover, current ethical rules prohibiting out-of-state legal practice may violate constitutional provisions protecting the right to engage in one’s chosen profession. ABA Section of Litigation leaders suggest that technological advances expanding the ability of lawyers to work remotely across jurisdictional boundaries may warrant a new look at current rules prohibiting out-of-state practice.

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