Sharing an interesting article from Clyde & Co's Lawyer's Risk Management Newsletter which addresses to what extent, it is permissible for lawyers to work remotely in a jurisdiction in which they are not admitted.

With hybrid working here to stay, firms all over the world are busy updating internal governance and risk management policies to provide watertight guidance.  These must be adapted to address and manage various potential areas of vulnerability, from data management, cyber protections, maintaining firm culture, employee training, and the important issue of supporting employees’ mental well-being when working remotely.  The list goes on.

For lawyers living and working remotely in jurisdictions that have adopted the ABA Model Rule 5.5, they may soon find that their jurisdiction has adopted some variation of Opinion 495 (a December 2020 ethics opinion from the ABA Standing Committee on Ethic and Professional Responsibility), i.e. that a lawyer should be “invisible” as a lawyer when in the local jurisdiction.

Lawyers must therefore remember to consult the law, rules, and ethics opinions in the place where they live and work remotely to avoid engaging on a daily basis in the unauthorized practice of law.