New Jersey’s Advisory Committee on Professional Ethics and the Committee on Attorney Advertising released a joint opinion dated March 25 that states that even when an attorney hires a virtual assistant or receptionist or shares a rented office space for conferences to attempt to create an office presence in the state, this does not create a “bona fide office” that complies with the state’s residency requirements for practicing law.
This opinion limits attorneys licensed in New Jersey to having a physical law office where clients may call during regular business hours. Such restriction on business discriminates against many solos and in particular women attorneys who may need to practice law from home, but for personal and security reasons, they do not want to provide their home address or phone number to clients.
The opinion refers to “virtual offices” but defines them as “a type of time-share arrangement whereby one leases the right to reserve space in an office building on an hourly or daily basis” and does not address web-based, virtual law offices or the use of technology to deliver legal services online. From the discussion in the opinion it may be assumed that any law practice without a physical, dedicated office building would be included as violating Rule 1:21-1(a).
How this restriction will affect solos and small firms wanting to form completely virtual law offices is yet to be seen. However, the joint opinion does allow for attorneys with traditional law practice to also operate virtual law office with adequate notice to prospective clients of the firm’s physical office location. This does not sound like it protects the solo practitioner wanting to operate a home-based virtual law office. Or an attorney located in another state who is licensed in NJ and wants to provide NJ legal services through their virtual law office. (more…)