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States That Require a Bona Fide Office

Wednesday, August 26, 2015 4:18

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Although most states have come around — a mere five years or so after everyone else — to being comfortable with lawyers storing data in the cloud, that semi-forward thinking is not extended to being comfortable with lawyers not having an office. A few state bars have issued ethics opinions explicitly affirming your right to go virtual, but more states retain the “bona fide office” rule, which says you have to have an actual physical office in order to practice in the state. Here’s where all fifty states (and the District of Columbia) stand on the issue right now.

Alabama	No clear prohibition against having a virtual law office.
Alaska	A bona fide office is required. Under rule 7.2 of the Alaska Rules of Professional Conduct, any attorney advertisement “shall include the name and office address of at least one lawyer or law firm responsible for its content.”
Arizona	No clear prohibition against having a virtual law office.
Arkansas	No clear prohibition against having a virtual law office.
California	No clear prohibition against having a virtual law office. California has sanctioned virtual law offices from a technology security perspective, but has not otherwise addressed the issue.
Pennsylvania	Pennsylvania has issued an ethics opinion that states that virtual law offices are permitted.
Delaware	Delaware requires a bona fide office in the state and suspended an attorney for two years for maintaining only a virtual office.
New York	New York has issued an ethics opinion that it is permissible to use a virtual law office address to satisfy the “principal law office address” requirement in the New York rules if the attorney is a New York resident. If the attorney is licensed in New York but resides elsewhere, New York statutes currently require the nonresident attorney to maintain an office, although a current lawsuit may change that.
Colorado	A bona fide office is required. Under rule 7.2 of the Colorado Rules of Professional Conduct, any attorney advertisement “shall include the name and office address of at least one lawyer or law firm responsible for its content.”
North Carolina	North Carolina has issued an ethics opinion that states that virtual law offices are permitted.
Florida	A bona fide office is required. Under Florida Rules of Professional Conduct 4-7.12, all advertisements must include “the city, town, or county of 1 or more bona fide office locations of the lawyer who will perform the services advertised.”
Georgia	Unclear. Rule 7.2 of the Georgia Rules of Professional Conduct states that “any advertisement shall include the name, physical location and telephone number of each lawyer or law firm who paid for the advertisement and who takes full personal responsibility for the advertisement.” However, the rule goes on to say that in the absence of a bona fide physical office, the lawyer may disclose the full address to the Georgia Bar instead.
Hawaii	No clear prohibition against having a virtual law office.
Idaho	A bona fide office is required. Under Idaho Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its content.”
Illinois	A bona fide office is required. Under Illinois Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its content.”
Indiana	A bona fide office is required. Under Indiana Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its content.”
Iowa	A bona fide office is required. Under Iowa Rules of Professional Conduct Rule 37:7:2, all advertisements must include “the name and office of at least one lawyer or law firm responsible for the content.”
Kansas	No clear prohibition against having a virtual law office.
Kentucky	No clear prohibition against having a virtual law office.
Louisiana	No clear prohibition against having a virtual law office.
Maine	A bona fide office is required. Under Maine Bar Rules Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its content.”
Maryland	No clear prohibition against having a virtual law office.
Massachusetts	No clear prohibition against having a virtual law office.
Michigan	No clear prohibition against having a virtual law office.
Minnesota	No clear prohibition against having a virtual law office.
Mississippi	Unclear. Mississippi Rules of Professional Conduct Rule 7.2 states that an advertisement “shall disclose the geographic location by city and state of one or more offices of the lawyer or lawyers whose services are advertised or shall state that additional information about the lawyer or firm can be obtained by contacting the Mississippi Bar at a number designated by the Bar and included in the advertisement.”
Missouri	No clear prohibition against having a virtual law office.
Montana	A bona fide office is required. Under Montana Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its content.”
Nebraska	A bona fide office is required. Under Nebraska Rules of Professional Conduct Rule 3-507.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its content.”
Nevada	No clear prohibition against having a virtual law office.
New Hampshire	A bona fide office is required. Under New Hampshire Rules of Professional conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its content.”
New Jersey	New Jersey’s Rules of Practice explicitly allow for virtual law offices.
New Mexico	No clear prohibition against having a virtual law office.
North Dakota	A bona fide office is required. Under North Dakota Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
Ohio	A bona fide office is required. Under Ohio Dakota Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
Oklahoma	A bona fide office is required. Under Oklahoma Dakota Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
Oregon	A bona fide office is required. Under Oregon Dakota Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
Rhode Island	A bona fide office is required. Under Rhode Island Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
South Carolina	A bona fide office is required. Under South Carolina Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
South Dakota	A bona fide office is required. Under South Dakota Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
Tennessee	A bona fide office is required. Under Tennessee Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm assuming responsibility for the communication.”
Texas	No clear prohibition against having a virtual law office.
Utah	A bona fide office is required. Under Utah Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
Vermont	A bona fide office is required. Under Vermont Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
Virginia	Unclear. Rule 7.1 of the Virginia Rules of Professional Conduct states that all advertising must include “the name and office address of at least one lawyer responsible for its content; or, in the alternative, a law firm may file with the Virginia State Bar a current written statement identifying the lawyer responsible for the law firm’s advertising and its office address.” However, a 2013 ethics opinion seems to consider the possibility of virtual offices.
Washington	A bona fide office is required. Under Washington Rules of Professional Conduct Rule 7.2 all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
West Virginia	No clear prohibition against having a virtual office.
Wisconsin	A bona fide office is required. Under Wisconsin Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
Wyoming	A bona fide office is required. Under Wyoming Rules of Professional Conduct Rule 7.2, all advertisements must include “the name and office address of at least one lawyer or law firm responsible for its contents.”
Washington D.C.	No clear prohibition against having a virtual office.
Connecticut	No clear prohibition against having a virtual office

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States That Require a Bona Fide Office was originally published on Lawyerist.

Source: https://lawyerist.com/86459/states-require-bona-fide-office/

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