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March 17, 2023 Legal Ethics

ABA issues guidance for lawyers in multi-state practices

The growing trend of law practices located in more than one jurisdiction has led the American Bar Association Standing Committee on Ethics and Professional Responsibility to provide additional guidance to lawyers doing business in locations in which they are not licensed.

ABA Formal Opinion 504 provides ethics guidance to lawyers with clients who participate in interstate business.

ABA Formal Opinion 504 provides ethics guidance to lawyers with clients who participate in interstate business.

On March 1, the standing committee released Formal Opinion 504, which stems from changes in the legal profession to meet the demands of clients participating in interstate business.

Typically, lawyers doing business in a new jurisdiction follow one of three routes: secure a license to practice law in the new jurisdiction; practice temporarily in a jurisdiction in which they are not licensed but are allowed to practice; or practice through pro hac vice approval, which allows lawyers to practice in courts in which they are not licensed. The formal opinion seeks to help both lawyers and clients determine which jurisdiction’s ethics rules govern a lawyer’s conduct.

With remote work exploding, the standing committee has issued several other recent formal opinions to guide lawyers who work outside their licensed jurisdiction and through virtual representation. Through its formal opinions, the committee guides lawyers, courts and the public in interpreting and applying ABA model ethics rules.

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