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1. nysba.org › ethics-opinion-1223Ethics Opinion 1223 - New York State Bar Association

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   May 25, 2021 · A New York resident lawyer may have a nonpermanent office without implicating Judiciary Law § 470. For example, a New York lawyer may work out of his or her residence in New York, but not want to meet clients there or use a home address for business.

2. nylawblog.typepad.com › suigeneris › 2021Sui Generis--a New York law blog: NY’s in-state office ...

   nylawblog.typepad.com › suigeneris › 2021

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   Jul 21, 2021 · The Committee explained that for a lawyers licensed in New York who also reside in New York, having a non-permanent office does not trigger Section 470: “(A) New York lawyer may work out of his or her residence in New York, but not want to meet clients there or use a home address for business…(since) an office that the lawyer does not ...

3. www.law.com › newyorklawjournal › 2018/05/22New York Lawyers Currently Need a New York Office—An ...

   www.law.com › newyorklawjournal › 2018/05/22

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   May 22, 2018 · Further, the Court of Appeals noted, the Appellate Divisions had generally interpreted the statute as requiring a nonresident attorney to maintain a physical office in New York, although...

4. www.law.com › newyorklawjournal › 2021/05/12NY Senate Passes Repeal of Office Requirement for Out-of ...

   www.law.com › newyorklawjournal › 2021/05/12

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   May 12, 2021 · The New York State Senate on Wednesday passed legislation to repeal a law that, as interpreted by the state's high court, requires non-resident attorneys practicing in New York to...

5. www.nycla.org › resource › ethics-opinionNYCLA Op. 754-2020 - New York County Lawyers Association

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   • Formal Opinion 754-2020
   • Opinion
   • Duty of Confidentiality
   • Duty of Competence
   • Duty of Supervision
   • Conclusion

   TOPIC: Ethical Obligations when Lawyers Work Remotely DIGEST: Law firms in New York State began working remotely in mid-March 2020 due to the COVID-19 pandemic and likely will continue to have a significant number of lawyers working remotely even after the pandemic ends. This opinion addresses a law firm’s ethical obligations when most of its lawye...

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   1. If all or most of a law firm’s legal and nonlegal staff works remotely, the firm and its lawyers must determine whether additional measures are necessary to discharge the firm’s duties of competence, confidentiality and supervision. This opinion will address how these three duties may be affected by a remote workforce. 2. Initially, we need to a...

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   3. Rule 1.6(a) prohibits a lawyer from “knowingly reveal[ing] confidential information, . . . [or] us[ing] such information to the disadvantage of a client or for the advantage of the lawyer or a third person” unless certain exceptions not relevant here apply. Under this rule, lawyers have a duty to ensure that each client’s confidential informatio...

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   6. A. lawyer has a duty to provide competent representation, which requires that the lawyer have the requisite “knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” This Committee and others have determined the lawyer’s duty of competence includes an obligation to understand the risks and benefits of technolo...

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   9. Rules 5.1 and 5.3 concern the responsibility of law firms, partners, managers and supervising lawyers to provide oversight and supervision to other lawyers and nonlawyers. For example, Rule 5.1(a) requires that law firms “make reasonable efforts to ensure that all lawyers in the firm conform to these Rules.” Rule 5.3(a) requires law firms to “en...

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   10. It is ethical to operate a law office remotely provided that appropriate attention is given to compliance with a lawyer’s duties of confidentiality, competence and supervision, and appropriate safeguards are implemented to ensure compliance with the Rules.

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6. www.myethicslawyer.com › post › practicing-fromPRACTICING FROM ANOTHER STATE? DON'T FORGET ... - Myethicslawyer

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   Apr 7, 2022 · Significantly, there is nothing in either Judiciary Law 468-a and 22 NYCRR 118.1 that requires a nonresident attorney to register a New York office address to comply with Judiciary Law §470. All that is required is that the attorney list an office address, which can be the attorney’s principal out-of-state address.

7. nysba.org › app › uploadsThe Practice of Law in New York State

   nysba.org › app › uploads

   This pamphlet is designed to assist persons seeking to practice law in New York, as well as newly-admitted attorneys, in learning about the court system, the requirements for admission to the bar, membership in the bar and practice in New York state.

8. People also ask

   Can a New York resident lawyer have a nonpermanent office?

   • A New York resident lawyer may have a nonpermanent office without implicating Judiciary Law § 470. For example, a New York lawyer may work out of his or her residence in New York, but not want to meet clients there or use a home address for business.

   Ethics Opinion 1223 - New York State Bar Association

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   Do lawyers have to be resident in New York?

   • The inquirer also states that the business would comply with all aspects of Section 470 of the New York Judiciary Law, which provides an exception to the requirement that lawyers who practice New York law must be resident in New York, if the lawyers reside in contiguous states and keep “an office for the transaction of law business” in this State.

   Ethics Opinion 1223 - New York State Bar Association

   nysba.org/ethics-opinion-1223/

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   Do nonresident attorneys need a physical office in New York?

   • The Court of Appeals opined that the statute required nonresident attorneys to maintain a physical office in New York. See Schoenefeld v. State, 25 N.Y.3d 22 (2015).

   Ethics Opinion 1223 - New York State Bar Association

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   Are non-resident attorneys subject to disciplinary proceedings within New York State?

   • But the Working Group concluded that non-resident attorneys are subject to disciplinary proceedings within New York State, because service could be made on the Clerk of the Appellate Division based on the designation required at the time of admission and in biennial registrations.

   Ethics Opinion 1223 - New York State Bar Association

   nysba.org/ethics-opinion-1223/

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   Does New York require a biennial Registra-tion of attorneys?

   • Section 468-a of the Judiciary Law and 22 NYCRR Part 118 of the Rules of the Chief Administrator of the Courts require the biennial registra-tion of all attorneys admitted in the State of New York, whether they are resident or non-resident, active or retired, or practicing law in New York or anywhere else.

   The Practice of Law in New York State - New York State Bar Association

   nysba.org/app/uploads/2020/03/The-Practice-of-Law-in-New-York-State.pdf

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   How often do lawyers need to register in New York State?

   • All attorneys admitted to the New York state bar whether they are resident or non-resident, active or retired, or practicing law in New York or anywhere else must file a registration every two years, and if actively practicing law anywhere, pay the biennial fee.

   The Practice of Law in New York State - New York State Bar Association

   nysba.org/app/uploads/2020/03/The-Practice-of-Law-in-New-York-State.pdf

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