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46 in which they are licensed, while they are physically present in a different state? e American Bar Association issued the following Formal Opinion 495 on December 16, 2020: Lawyers may remotely practice the law of the jurisdictions in which they are licensed while physically present in a jurisdiction in which they are not admitted if the local jurisdiction has not determined that the conduct is the unlicensed or unauthorized practice of law and if they do not hold themselves out as being licensed to practice in the local jurisdiction, do not advertise or otherwise hold out as having an office in the local jurisdiction, and do not provide or offer to provide legal services in the local jurisdiction. is practice may include the law of their licensing jurisdiction or other law as permitted by ABA Model Rule 5.5(c) or (d), including, for instance, temporary practice involving other states' or federal laws. Having local contact information on websites, letterhead, business cards, advertising, or the like would improperly establish a local office or local presence under the ABA Model Rules.1 3 Several states agree with this ABA opinion, including Maine [Maine Ethics Opinion 189 (2005)] and Utah [Utah Ethics Opinion 19-03 (2019)]. 4 One key is to check rules of the jurisdiction where the practice is, and of the jurisdiction of the remote location, to make sure no bar rules are violated. e ethics of remote work outside of the United States remains a little murkier, because most bar ethics opinions do not specifically address lawyering while living abroad. ere is guidance about obtaining work visas for other countries from the U.S. Department of State, however. For example, other countries typically require a bilateral work agreement or de facto work arrangement in place in order to obtain a work visa from the host country. Additionally, each jurisdiction may have different requirements for practicing law in their locale, so this research should also be completed. 5 SIGN OF COVID-19 TIMES: THE DIGITAL NOMAD VISA "A digital nomad is someone who lives a nomadic lifestyle and uses technology to work remotely from outside their home country. A digital nomad visa is a document or program that gives someone the legal right to work remotely while residing away from their country of permanent residence." 6 Loss of tourist income and remote work safety protocols caused by COVID-19 have led to development and increased use of what is known as a digital nomad visa, which is currently offered by 24 countries and regions as of July 2021. Alternative nomenclature for these visas may be residency permit, workcation, or global citizen concierge program. Pricing varies for these visas, as well as requirements for different venues. Countries and regions also test for COVID-19 and therefore may limit or provide conditional admittance based on pandemic concerns. One benefit of being a digital nomad is that infrastructure, namely internet and telecommunications, is robust in most countries. Downsides include time differences, the ability to work your job remotely based upon local and remote requirements, and the temporary timeframe of the visas. e following places offers these visas: Anguilla, Antigua and Barbuda, Barbados, Bermuda, Cabo Verde, Cayman Islands, Costa Rica, Croatia, Curacao, Czech Republic, Dominica, Estonia, Georgia, Germany, Iceland, Malta, Mauritius, Mexico, Monserrat, Norway, Portugal, Seychelles, and Taiwan. 7 HOW TO HANDLE THE 'SMALL BUT IMPORTANT' STUFF Bank and Financial Services An estimated 7 million Americans have a digital nomad lifestyle, so there are several resources available for the same services enjoyed by homebodies. One key is finding financial services without foreign transactions fees, with low or competitive ATM withdrawal fees, and access 24/7 with apps and good online support, including mobile wallet support and contactless debit cards. Some financial institutions offering these features are international, while others are based overseas, so research is key to finding the best deal and adaptability. 8 If virtual work involves using virtual staff, a comprehensive system involving the use of remote banking systems for depositing and issuing payments should be in place too. As will be discussed later, these financial services could be combined with a virtual mail processing system. 9 Mail As with the availability of "virtual" financial services, mail processing services for virtual companies fill the void for those that no longer pay rent for commercial space. Mail services also provide a physical business address in the jurisdiction in which the attorney is licensed, which is a requirement of most American state bars. In addition, these mail services can forward physical mail to you and/or to scan and forward mail electronically. 10 For example, the Association of the Bar of the City of New York, Committee on Professional Ethics issued an opinion in 2019 about use of a virtual law office address and stated: Feature By: Michelle Garcia Gilbert One benefit of being a digital nomad is that infrastructure, namely internet and telecommunications, is robust in most countries. Downsides include time differences, the ability to work your job remotely based upon local and remote requirements, and the temporary timeframe of the visas. 3 https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-495.pdf 4 See, generally, Ala. Rules of Prof 'l Conduct r. 5.5 (b)-(d), Ark. Rules of Prof 'l Conduct r. 5.5(b)-(c), Conn. Rules of Prof 'l Conduct r. 5.5(b)-(c), Del. Rules of Prof 'l Conduct r. 5.5(b)-(c), Ill. Rules of Prof 'l Conduct r. 5(b)-(c), Ind. Rules of Prof 'l Conduct r. 5.5(b)-(c), Iowa Rules of Prof 'l Conduct r. 32:5.5(b)- (c), Mich. Rules of Prof 'l Conduct r. 5.5(b)-(c), Neb. Rules of Prof 'l Conduct ยง 3-505.5(b)- (c), Ohio Rules of Prof 'l Conduct r. 5.5(b)-(c), and Wash. Rules of Prof 'l Conduct r. 5.5(b)-(c). 5 https://2009-2017.state.gov/documents/organization/253915.pdf 6 https://www.investopedia.com/countries-offering-digital-nomad-visas-5190861 7 See, id. 8 See generally, https://nomadfinanceandfreedom.com/best-banks-for-digital-nomads/; https://www.theprofessionalhobo.com/how-to-create-a-financial-plan-to-become-a-digital-nomad/ 9 https://www.plaintiffmagazine.com/recent-issues/item/the-virtues-of-going-virtual