In this episode of Remotely Ethical, we give some COVID-related updates for New York lawyers. We also discuss whether lawyers working remotely from jurisdictions where they are not admitted to practice law are engaged in the unauthorized practice of law (UPL).

Watch Below!

We cover:

  • COVID updates for NY lawyers
  • Are lawyers working remotely engaged in UPL?
    • An opinion from D.C. concluded that lawyers who are sitting in D.C. during the COVID crisis but are not licensed in D.C. are engaged in "temporary practice" and, thus, are not committing UPL.  Read our blog post here.
    • A recent proposed opinion from Florida concluded that a lawyer who is not admitted to practice in Florida, but is physical living in the state, is not engaged in UPL.  Our colleague Ron Minkoff blogged about the Florida opinion here.
    • We offer our tips for avoiding UPL when you are physically located in a jurisdiction where you're not admitted to practice law
    • ABA Rule 5.5, which (if adopted by a particular jurisdiction) permits lawyers to engage in the temporary practice of law, even though they are not admitted to practice lawn that jurisdiction, subject to certain conditions
    • New York's temporary practice rule can be found here
  • Case Notes From Captivity (where we discuss what we are reading, watching or doing to get through lockdown)
    • Tyler has been making delicious pesto sauce from basil plants he has been growing all summer.  Here is his favorite pesto sauce recipe:
      • 2 cups fresh basil leaves
      • Approx. 1/2 cup olive oil
      • 1/4 cup pine nuts
      • 3-4 garlic cloves
      • 1/3 cup grated Parmesan cheese
      • Salt + pepper to taste
    • Nicole is trying a method of gardening called Hugelkultur to start a new garden bed on her backyard. 

You can watch all of our Remotely Ethical episodes on our YouTube channel or subscribe to our podcast here or on your favorite podcast app.

For COVID-19 updates for New York lawyers, check out our regularly updated COVID-19 Resource blog post.