Virtual Law Practice

Category: Choice of Law

  • Illinois State Bar Ethics Opinion Discussing Virtual Practice

    I discovered another state bar ethics opinion related to virtual practice when researching ethics opinions for the online marketing tools book this weekend. The Illnois State Bar published Ethics Opinion No. 12-09 in March 2012 regarding multijurisdicitonal practice, choice of law issues, and unauthorized practice of law. Here is the text regarding the virtual office scenario:

    The advent of the virtual law office, or online legal practice, has raised several ethical challenges, including concerns about the unauthorized practice of law. Such issues can and should be analyzed under the framework of the Rules of Professional Conduct. See, e.g., Ohio Sup. Ct., Bd. of Comm’rs on Grievances & Discipline, Op. 2011-2 (October 7, 2011).

    In the context of a virtual law office involving lawyers from different states, each lawyer should take care that any out-of-state practice is not systematic and continuous. (more…)

  • Choice of Law in Cross-Border Practice

    Below is the comment I submitted this morning to the ABA Ethics 20/20 Commission Working Group on Uniformity, Choice of Law, and Conflicts of Interest in response to their request for feedback on the issues paper on Choice of Law in Cross-Border Practice.  One of the fact patterns in the issues paper specifically referrred to a virtual law office and several of the other fact patterns might also apply to a multijurisdictional virtual law firm.

    Virtual Law Practice and Choice of Law in Cross-Border Practice

  • ABA Ethics 20/20 Addresses Choice of Law Issue in Virtual Law Practice

    Virtual lawyers and multijurisdictional virtual law firms take note: The ABA Commission on Ethics 20/20 has released yet another issues paper proposing changes to ethics rules that could affect the delivery of legal services online.  This newest paper comes from the Working Group on Uniformity, Choice of Law, and Conflicts of Interest and is entitled “Choice of Law in Cross-Border Practice.”  It even includes a sample scenario for the virtual law practice which I’ve posted below.

    With lawyers and clients more frequently not located in the same geographic location and many of them communicating and receiving legal services online, this raises the question of which jurisdiction’s ethics laws apply.  The Commission recognizes the need for guidance and greater clarity for a growing number of lawyer and law firms faced with questions about choice of ethics law. (more…)

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