Other change would resolve ambiguity for pro se lawyers
While modest, two sets of proposed changes to the Rules of Professional Conduct would offer welcome clarifications, attorneys who handle professional liability and ethics matters told Lawyers Weekly.
That is particularly true of an amendment that recognizes the changing nature of the legal workplace, they added.
The Supreme Judicial Court Standing Advisory Committee on the Rules of Professional Conduct has proposed adding a new comment to Mass. R. Prof. C. 5.5, which would read, “Lawyers who are not admitted to practice in Massachusetts may remotely practice the law of the jurisdictions in which they are licensed while physically present in Massachusetts if they do not hold themselves out as being admitted to practice in Massachusetts, do not advertise or otherwise hold themselves out as having an office in Massachusetts, and do not provide, offer to provide, or hold themselves out as authorized to provide legal services in Massachusetts.”
The comment continues that remote practice that satisfies these requirements does not constitute “systematic and continuous presence in this jurisdiction” for purposes of Rule 5.5(b)(1).
“COVID accelerated a trend that was already happening. The Standing Committee’s addition of the comment just reflects that reality.”
In its summary of the proposed amendments, the Standing Committee noted that many lawyers have continued to practice from their home offices some or all the time,...
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