ABA Formal Opinion OKs Lawyers Who Sit in One Jurisdiction But Are Licensed in Another
“The American Bar Association’s (ABA) Formal Ethics Opinion 495 confirms what many have said is the law under ABA Model Rule 5.5 for a while now: Lawyers can sit in a jurisdiction in which they are not licensed so long as they are licensed in a U.S. jurisdiction and are ‘invisible’ as a lawyer where they sit,” posts Nellie Q. Barnard in Holland & Knight’s Insights.
“Still, this confirmation will come as welcome news to many who have either been forced or chosen to relocate outside of their licensed jurisdiction due to the COVID-19 pandemic. The Formal Opinion does caveat that it does not apply to those jurisdictions that have already affirmatively barred such “invisible lawyering,” though it does not identify any such jurisdiction.”
