Credit: KeyStock/Shutterstock.com

In New Jersey, the Rules of Professional Conduct state that an attorney must indicate the address and phone number of the law practice in papers filed with the court (Rule 1:4.1 (b)). However, this has not been enforced to mean that an attorney must have a physical office.

As a solo attorney, you have multiple options when it comes to a physical office. You may have your own office space or you may be a subtenant in the office of another attorney or other professional. Perhaps you have a virtual office and work in a co-working space or an office suite. Many solo attorneys have opted for the low overhead of a dedicated workspace in their homes.

Since March 21, 2020, you have been working from your home office. The low cost and non-commute may prompt you to re-think the merits of having a physical or virtual office elsewhere. Or, you may be eager to return to that office.

Here's how other solo attorneys viewed the question of establishing a practice with a physical or virtual office. Now, in the post-lockdown period, they consider whether they will return to that location or perhaps choose to maintain their home office as a primary location.

A solo attorney may seek certain perquisites, like Alan Peyrouton who chose an office in a commercial building. "My office occupies two floors. The support staff is on the first floor, and the associate attorneys and I are on the second floor. The building offers ample parking, a lobby, kitchen, conference room and free wi-fi." Peyrouton Law focuses on criminal defense in Hackensack.

Access to such features was attractive to another criminal defense attorney, Kimberly Yonta, as well. "My office is located in another law firm, where I share conference rooms for meetings with clients, but I still work on many of my cases from home." Yonta Law is based in New Brunswick.

That dual option of home office and professional office appeals to many solo attorneys. "I've always maintained a fully equipped home office for day-to-day work not requiring client contact," says Lissa Jean Ferrell, who focuses on commercial and residential real estate development and transactions. She also shares a suite space at NJIT. Plus, as Of Counsel at Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, she may "use any of their nine New Jersey offices or the one in New York City."

As for virtual spaces, many solo attorneys find these are most suitable for their needs. Leona Krasner, with a matrimonial law practice at Krasner Law, maintains a virtual office in Jersey City and New York, where "I have in-person meetings with my clients and all of my law firm-related mail goes to those offices." She often works from her home office.

A variation on the virtual space is attractive for William Denver, with a practice of litigation and insurance recovery at The Denver Law Firm in Red Bank. His office offers members a more traditional plan to "rent the office for a monthly fee with free conference room access at any time." But he also has the flexibility to choose a plan that allows him to rent the office when he needs it and "pay an hourly fee for use of the conference room … when I have multiple depositions and/or meetings and use the space more often." This latter plan allows him to save significant costs for those months he is frequently out of the office, which has been particularly useful this year.

Some of the factors influencing these solo attorneys on their choice of office are readily discernible: downtown location, access to public transportation for themselves and clients, near highways, onsite parking, as well as professional phone and mail services. Other attractions might be financial, such as the variable fee arrangement noted by Denver.

Judie Saunders has an office and is a member of two co-working spaces; Saunders is an advocate for co-working spaces because they "offer great meeting room amenities for an affordable monthly subscription. A benefit of co-working spaces is the chance to meet other consultants and entrepreneurs. These spaces provide events, programs and opportunities to meet like-minded business owners." Saunders also notes that small firms (i.e., one to three attorneys) that use co-working spaces can "make flexibility, low overhead costs and short commute times a priority." At The Law Office of Judie Saunders, she offers legal counsel and litigation services to sexual, physical and psychological survivors, personal injury and criminal defense, with offices in Red Bank and New York City.

Likewise, Ferrell notes that "sharing space also provides camaraderie, intelligent conversation and a positive environment."

The impression a physical office makes on a client is another aspect of the office issue. "I have always felt that clients need to see a physical location and office set-up to feel comfortable," says Ayesha Hamilton, with a practice of business and employment law at the Hamilton Law Firm in West Windsor. "I rent a suite (conference room and inner office) in a commercial office building."

Marc Garfinkle, with a practice focused on ethics and disciplinary matters at Law Office of Marc Garfinkle in Morristown, also considers the perspective of his clients. "My office is in a full-service suite in a prestigious building, as I represent lawyers and judges only. I wanted an office situation with top-tier amenities."

The experience of working from home during the pandemic does not appear to have prompted any change in the views of most of these solo attorneys regarding their use of an outside office. Many already maintained a home office and will continue to follow a blended practice of physical office and home office.

Yonta explains, "Since I used my home office on a regular basis, along with my downtown office, I will continue post-pandemic. Using both offices has been helpful to me over the past several years, because it allows me to be flexible with my family, have a professional space to meet with clients and continue work at home in the evening. Ultimately, for me, it is about the freedom to manage my own day, with work, family and NJSBA activities."

Whether they use a physical office or co-working space, Denver, Ferrell, Hamilton, Krasner, Peyrouton and Saunders will return to their same locations and are eager to get back.

Peyrouton points out, "It is important for us to return to our office so that we keep our interactions with existing and new clients personal. In the past few months, we've lost the personal touch that clients appreciate so much. Also, it is easier to prepare for a trial or hearing with a client during a person-to-person meeting."

"I do look forward to using my traditional office and conference room for depositions (when it is safe to do so)," says Denver. "While Zoom depositions allow us to move cases forward, I still prefer to be in the room with a witness during a deposition, whether I am taking the deposition or defending it."

Hamilton agrees that "While Zoom conferences are a reasonable alternative for now, I believe that clients want face to face meetings when possible." She adds, "I have found that working from home increases my stress level and blurs the distinction of a work day from home time. While not necessarily a bad thing, I have found myself working longer hours without a clear designation of evening or weekend time. When I intentionally stop work on weekends, I still see my files and laptop sitting idle."

Garfinkle is wavering between his options. "The suite where I have my office also offers Virtual Office services. I am considering switching my arrangement to a virtual office once the quarantine has ended. Working remotely would let me avoid an extra hour or so each day going to and from the office. On the other hand, I have done some of my best reflection during the commute. I have grown used to the ease and amenities of the private office. It may be too hard to give them up."

Perhaps the combination of a home office and an office in a co-working space with a flexible schedule offers a solo attorney the best of all worlds: a fully-equipped professional office, access to colleagues and a moderate fee. On those work-from-home days, instead of mulling a matter during the commute, an early morning workout routine would allow for reflection on how to counsel a client on that complex transaction or trial.

 

Janet Falk is the head of Falk Communications and Research in New York. She provides media relations and marketing communications services to law firms and consultants.