As I write this, I am sitting in my Provincetown pied-a-terre, watching out the window for the unauthorized practice police. I have now fully joined the ranks of lawyers who practice (or are at least available to practice) 24/7 from wherever we are. Unfortunately, the licensing and regulatory regimes reflect a simpler time, and we do so at our peril.
Most states have adopted some version of American Bar Association model Rule 5.5, which creates something of a safe harbor for lawyers who occasionally visit other states and who continue to represent their clients from away. (New York, which had been the big holdout, is apparently ready to pull the trigger now and join the rest.) I have been doing this for years, but it’s becoming less “temporary and occasional” and more “routine and regular” and that might be a problem. The question presented by this scenario is when the lawyer goes enough beyond the occasional phone call or email and ventures into the realm of fully practicing law, which can be a problem if she is not licensed where she is practicing. In some states, this is a felony.
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