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Remote practice from home in Florida isn't unauthorized practice, advisory opinion says

Remote practice from home in Florida isn t unauthorized practice, advisory opinion says

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A New Jersey lawyer’s remote practice from his home in Florida does not constitute the unlicensed practice of law in Florida, according to an advisory ethics opinion approved May 20 by the Florida Supreme Court.
Lawyer Thomas Restaino had sought the advisory opinion, report Law360 and the Legal Profession Blog.
Restaino wanted to know whether he could work on federal intellectual property matters for a New Jersey-based law firm, Tong Rea Bentley & Kim.
The New Jersey law firm did not have a place of business or office in Florida, and Restaino did not have a public presence or profile as a Florida lawyer, according to the ethics opinion. He does not have a law license in Florida and would not represent or solicit any Florida clients. He would not advise on Florida law. ....

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Ethics Tips For Attorneys Telecommuting Across State Lines

Ethics Tips For Attorneys Telecommuting Across State Lines
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John Schmidt and Michael Seaman
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No Opinion On Nonattorney Reps In Fla. Medicaid Appeals

The Florida Bar's Standing Committee on the Unlicensed Practice of Law declined to issue a proposed formal advisory opinion on whether nonattorney relatives can represent minors or incapacitated adults for appeals in Medicaid fair hearing decisions, according to a bar spokesperson. ....

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Ethics attorneys hopeful COVID-19 will prompt changes in remote working rules

Ethics attorneys hopeful COVID-19 will prompt changes in remote working rules

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The continued spread of COVID-19 has resulted in lawyers across the country working remotely for months on end, including in jurisdictions where they are not licensed to practice law.
While this trend prioritizes public health and provides workers with increased flexibility, it could also raise ethical issues for some attorneys.
That’s because many states have adopted rules of professional conduct making it the unauthorized practice of law for a duly licensed lawyer to practice remotely from a jurisdiction where he or she is not admitted for longer than a temporary period and without meeting several stringent requirements. These state regulations are typically based on ABA Model Rule 5.5. ....

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