Notice of filing proposed UPL Advisory Opinion
The UPL Standing Committee, pursuant to R. Regulating Fla. Bar 10-9.1(f)(3), provides this notice of filing a proposed advisory opinion. The proposed opinion finds that an out-of-state licensed attorney working remotely from his Florida home for his out-of-state law firm on federal intellectual property rights matters (and not Florida law) and without having or creating a public presence or profile in Florida as an attorney would not be engaged in the unlicensed practice of law. A copy of the full opinion can be found on the Bar’s website at the following link www.floridabar.org/rules/upl/upl003/.
The Bar will file the proposed opinion with the Supreme Court of Florida on or about August 17. Pursuant to R. Regulating Fla. Bar 10-9.1(g)(3), “within 30 days of the filing of the proposed advisory opinion, the petitioner and any other interested party may file a brief or memorandum in response to the proposed advisory opinion, copies of which must be served on the committee at the Florida Bar’s headquarters address in Tallahassee. The committee may file a responsive brief or memorandum within 20 days of service of the initial brief or memorandum. The petitioner, and other interested persons, may file a reply brief within 10 days of service of the responsive brief or memorandum. The court may permit reasonable extension of these time periods. Oral argument will be allowed at the court’s discretion. Filing, service, and oral argument will be governed by the Florida Rules of Appellate Procedure.”
