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It took the COVID-19 pandemic in the United States to revolutionize
how we practice law, and the "how" is still evolving. Even prior to the
pandemic, due to increasing innovations in technology, everyone has been
using internet communications more and more. As the California Bar
stated in 2012, "e legal services industry has not been untouched by these
innovations and the use of technology, including the internet, is becoming
more common, and even necessary, in the provision of legal service."
1
Historically, attorneys maintain physical
addresses in the states in which they are barred,
and generally they have worked from those
locations. In March 2020, when lockdowns
were mandated, leading to almost overnight
work-from-home (WFH) requirements, law
offices adapted and implemented WFH offices
for their teams. Many legal teams remain
remote, or at least are allowed to use a hybrid
schedule.
2
Typically, the remote or hybrid work
schedules for lawyers envision everyone
living within the vicinity of the office, or at
least within the state where the lawyers are
barred. However, why not take advantage of
the WFH office and make home somewhere
more palatable than a current location? For
those attorneys appearing in court, most
court appearances remain virtual due to
the pandemic, though many think virtual
appearances will remain due to the ease of use
and technological advances that facilitate their
use.
REMOTE PRACTICE WITHIN THE U.S.:
ETHICAL CONSIDERATIONS
In theory, via technology and other tools
which will be discussed later, attorneys can
relocate where they live and continue to
practice law virtually, be it within or outside of
the United States—but there are some big "ifs."
State bars have promulgated various rules and
lawsuits have been filed seeking to determine
whether a virtual practice of law constitutes the
unauthorized practice of law.
So, can lawyers practice law in the state
PRACTICING LAW AS
A DIGITAL NOMAD
The global health crisis spurred the legal field to embrace digital processes out of
necessity. Where do we go from here?
1 e State Bar of California Standing Comm. on Prof. Resp. and Conduct, Formal Opinion 2012-184 at 2 (2012)
2 https://www.natlawreview.com/article/remote-law-firms-it-time-to-return-to-office
By: Michelle Garcia Gilbert Legal Industry Update
