But is the legal profession ready to go online?
New Jersey is resisting the virtual trend. Its ethics rules require all of its attorneys to maintain a “bona fide office.” (See Joint Opinion 718/41, Advisory Committee on Professional Ethics, Committee on Attorney Advertising, March 25, 2010.) The physical office need not be within the geographic borders of the state, but it must be “a place where clients are met, files are kept, the telephone is answered, mail is received.” The New Jersey rule aims to ensure accessibility and accountability for clients, other parties, and the court.
Just across the Delaware River, Pennsylvania has taken the opposite approach. The Pennsylvania Bar Association’s Ethics Committee has issued an opinion that specifically permits virtual law firms, without any requirement to maintain a physical office or list a permanent address. (See Formal Opinion 2010-200, Pennsylvania Bar Association, Committee on Legal Ethics and Professional Responsibility.) The Pennsylvania opinion notes that lawyers who work from home are often reluctant to provide their home addresses to clients.
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