Court holds it’s not UPL for an out-of-state licensed attorney to work remotely from his Florida home
The New Jersey lawyer does not represent Florida clients, has no public presence or profile in Florida, and will not advertise his remote work presence in the state
The Supreme Court of Florida has upheld an advisory opinion by The Florida Bar Standing Committee on the Unlicensed Practice of Law, and that’s good news for a New Jersey lawyer who wants to work remotely from his Florida home.
“Having considered the proposed opinion and response filed, the Court hereby approves the proposed advisory opinion…” justices wrote in a May 20 opinion.
New Jersey intellectual property lawyer Thomas Restaino requested the opinion, saying that he planned to retire to Florida, but needed to work remotely while he wound down his practice.
The UPL Committee noted that Restaino does not represent Florida clients, has no public presence or profile as an attorney in Florida, and that neither he nor his firm will advertise or otherwise inform the public of his remote work presence in Florida.
“Consequently, it is the opinion of the Standing Committee that it would not be the unlicensed practice of law for Petitioner, a Florida domiciliary employed by a New Jersey law firm (having no place of business or office in Florida), to work remotely from his Florida home solely on matters that concern federal intellectual property rights (and not Florida law) and without having or creating a public presence or profile in Florida as an attorney,” the opinion states.
In light of the COVID-19 pandemic, the committee said it found a comment submitted by Florida attorney Salome J. Zikakis, to be particularly persuasive.
“I believe the future, if not the present, will involve more and more attorneys and other professionals working remotely, whether from second homes or a primary residence,” the letter states. “Technology has enabled this to occur, and this flexibility can contribute to and improve work/life balance. It is not a practice to discourage.”
The court acted in The Florida Bar Re: Advisory Opinion – Out-of-State Attorney Working Remotely From Florida Home , case no. SC20-1220.
