The Rhode Island Supreme Court has amended the commentary to Rule 5.5 of the Professional Rules of Condict in an effort to offer post-pandemic guidance on remote work in the state.
The court noted that the COVID-19 pandemic forced lawyers across the country to work remotely from places where they were not licensed. Rule 5.5, a model rule of professional conduct in effect in most states, including Rhode Island, prohibits out-of-state lawyers from having an office or other systematic and continuous presence in the state for the practice of law.
Though the emergent circumstances that existed at the start of the pandemic have subsided, “[s]till, many out-of-state lawyers who retreated to homes in Rhode Island continue to work remotely in the state, raising questions about what is allowable under the Rhode Island Rules of Professional Conduct,” the court said.
With that in mind, the court amended the commentary to Rule 5.5 as follows:
“[4] Other than as authorized by law or this Rule, a lawyer who is not admitted to practice generally in this jurisdiction violates paragraph (b) if the lawyer establishes an office or other systematic and continuous presence in this jurisdiction for the practice of law. See In re Kimmel & Silverman, P.C. et al., 221 A.3d 773 (R.I.2019); In re M.G., 221 A.3d 774 (R.I. 2019); In re S.B., 221 A.3d 775 (R.I. 2019); In re A.S., 173 A.3d 1280 (R.I. 2017). Presence may be systematic and continuous even if the lawyer is not physically present here....
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