Comments on: NJ Bona Fide Office Rule and Virtual Law Offices

By: Ted Vanderlaan

Ted Vanderlaan — Wed, 09 Feb 2011 23:44:52 +0000

@ Brian. Your comments are true, however for those of us that are risk adverse there should be a clear-cut answer that we will not jeopardize our practices.

By: Bona Fide Office Rule in New Jersey: No Virtual Law Firms

Bona Fide Office Rule in New Jersey: No Virtual Law Firms — Tue, 13 Apr 2010 14:02:47 +0000

[...] published before the Internet affected every aspect of American society. Stephanie Kimbro in her post of this topic correctly points out that the Committee is solely focused on “physical office sharing” [...]

By: brian tannebaum

brian tannebaum — Tue, 06 Apr 2010 16:31:39 +0000

I think lawyers need to take a step back and understand that state Bars don’t enforce every rule to the letter of the law, and that this is merely an opinion. There will not be a “bona fide office van” driving around to check on moms working from home.

By: slkimbro

slkimbro — Tue, 06 Apr 2010 13:25:33 +0000

That’s exactly what I do with my own law practice, Brian. I have a separate phone number and a PO Box, but I’m not always available during traditional business hours – neither are my clients. I think one problem, as Judy mentions above, is with their definition of a “virtual office” and what that encompasses. The way that the opinion seeks to restrict law practice seems anti-competitive.

By: brian tannebaum

brian tannebaum — Tue, 06 Apr 2010 12:41:33 +0000

I am troubled how this is being argued as an anti-woman ruling. I think it hides the truth – a home office is fine. A home office is defined as a dedicated space, and if the stay at home and work mom doesn’t want to give out her phone number or address, then set up a separate phone line, and use a PO Box for mail. Seems pretty simple.

By: Judy Young

Judy Young — Mon, 05 Apr 2010 22:53:13 +0000

It seems from their opinion that a home based office can qualify as a bona fide office under the rule but a “virtual office” does not. The rule is violated if the office is embedded within a nonlegal business office. These definitions of how the bar defines “virtual office” as a time-share arrangement seem to run counter to other floating definitions of “virtual office”. This is also part of the problem.