Wednesday, May 5, 2010

Recent Opinions on Lawyer Mobility

Interesting update from Hinshaw on recent opinions regarding lawyer mobility. As they write: "These three matters reflect the growing push toward greater acceptance of the mobility of lawyers, in a world where restrictions based solely on state boundaries correspond less and less to the realities of law practice."

One decision from the New York State Bar addresses whether non-NY lawyers can serve as in house counsel for NY corporations and maintain a local office in NY while doing so. Interestingly, their ethics committee issues no final opinion, rather calls for clarification:
  • "The question... is a question of law, and is not answered by the New York Rules of Professional Conduct. The question is therefore beyond our jurisdiction and we offer no opinion on the question... this Committee urges the Appellate Divisions and/or the New York State Legislature to provide further guidance regarding whether and to what extent out-of-state lawyers - especially in-house lawyers who provide services solely to a corporate employer - are authorized to practice law in New York.”
More details on this and two other lawyer mobility situations in the Hinshaw newsletter.

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