New York State Bar Association Clarifies 'Of Counsel' Status for Remote Lawyers Domiciled Abroad
The New York State Bar Association has issued Ethics Opinion 1303, addressing the permissibility of a New York-admitted lawyer, domiciled in France, serving as 'Of Counsel' to a New York-based law firm while working remotely. The opinion states that such an arrangement is permissible under specific conditions. These conditions include the lawyer and the firm maintaining a close, continuing, and personal relationship, the lawyer's New York practice not violating French legal profession regulations, and all professional services complying with the New York Rules of Professional Conduct. The lawyer's services must be strictly limited to New York law and U.S. federal law, and all client communications and supervision must be managed by the New York firm. The opinion also touches upon the New York Judiciary Law Section 470, which requires lawyers admitted in New York but not residing there to maintain an office for law business within the state, noting that an 'of counsel' relationship with a New York attorney ...
