With the assistance of emerging technology and a post-COVID-19 era where professionals learned to efficiently work from home, many lawyers have considered setting up entirely remote law firms. Doing so can help new or emerging practices save on rent or other costs of in-person practice, but there are still ethical considerations for a firm that is thinking about moving entirely to being online. Here are some issues to consider.

Pros and Cons for Establishing a Fully Remote Law Office

A notable “pro” when considering establishing a fully remote law office is the financial benefit of low overhead costs. Fully remote law firms generally provide for increased flexibility and productivity, given the opportunity to focus on the work without the distraction of commutes, in-office socializing or maintaining physical files. The key is in striking the right balance.

Another “pro” is the fact that a lawyer with a fully remote practice can essentially work from anywhere. However, this “pro” does not come without its own risks. In truth, lawyers may be limited in where they can practice. For example, when traveling, lawyers should consider whether they are connected to a secure network when accessing confidential information. Lawyers should also consider where they are working from and if others can overhear conversations or see the work being done on their laptops or notepads. Indeed, lawyers have faced consequences for violating confidentiality in asking hotel lobby personnel to print confidential documents, for example.

One “con” of a fully remote practice is the general requirement that lawyers must still have a physical presence of some sort. Although the legal field is evolving, most courts and clients still require a physical address to which mail can be delivered. And, as discussed below, that address often must correlate to the lawyer’s states of admission. A lawyer may need to use their home address, if appropriate, or create a P.O. Box that they may need to visit regularly.

Finally, oversight of other lawyers and staff may be more difficult in a fully remote firm. The ABA Model Rules of Professional Conduct 5.1(c) provides that a lawyer shall be responsible for another’s violation of the rules under certain conditions, including whether the supervising lawyer knew of and ratified the conduct, or knew of but failed to prevent or mitigate the conduct. Oversight and review in a fully remote firm may be more difficult, but it does not eliminate the lawyer’s duties under Rule 5.1. Frequent video check-in calls, live feedback meetings, and use of other online practice management tools can ensure compliance with Rule 5.1.

The Remote Practice of Law Under the Rules

The Georgia rules allow for remote work. The comments to Rule 5.5 indicate that an attorney’s “[p]resence may be systematic and continuous even if the lawyer is not physically present here.” But this does not mean boundless, interstate practice of law.

An example from Georgia makes the point. In 2024, the Georgia Bar addressed the ethical requirements for a lawyer in Georgia practicing law remotely for matters outside of Georgia: “u]nder Georgia Rule of Professional Conduct 5.5, may a Domestic Lawyer or a Foreign Lawyer provide legal services by remote means from Georgia while residing in Georgia, when the services have no relationship with Georgia other than the lawyer's physical location?”

Formal Advisory Opinion No. 22-1 (“FAO”) answered yes, but with caveats. A lawyer residing in Georgia (but not admitted in Georgia) may practice law remotely in another jurisdiction, so long as: “(a) the lawyer does not hold out or otherwise represent that they are licensed in Georgia; (b) the lawyer takes reasonable steps to ensure that the lawyer's Georgia location is not generally known; and (c) the lawyer takes reasonable steps to correct any misunderstanding about the lawyer's licensure.”

The alternative may also be true: a lawyer residing in Georgia may operate a fully remote law firm, practicing Georgia law, without violating the Georgia Rules of Professional Conduct. The lawyer should make clear that they are located in Georgia (via a physical Georgia address), and of course, ensure they are licensed to practice law in Georgia. Legal experts and the Georgia Bar continue to address issues related to the remote practice of law as the issue becomes more commonplace.

Other Considerations

Fully remote lawyers should also stay abreast the latest technology and innovative changes involved in the legal field. Indeed, the ABA Model Rules of Professional Conduct 1.1 imposes a duty of competence, which can include a requirement to understand and effectively use technology for the benefit of the practice of law. Depending on the nature of the remote firm, e-filing, cloud storage, and other key technologies may be needed. Failing to understand (or failing to employ others who understand) these key technologies can potentially violate a lawyer’s ethical obligations under Rule 1.1.

A cornerstone of the practice of law is maintaining client confidentiality and privacy. Assuming a remote firm is based out of a lawyer’s home or shared workspace, lawyers should keep in mind ways to maintain a client’s confidences. For example, ensure the location where client meetings take place is secure and not surrounded by strangers the lawyer-client relationship. Also, consider blocking the screen or notepad when working in a public space, if such work is unavoidable. The Wi-Fi should also be secure and not a network open to all, including hackers.

Fully remote lawyers should consider obtaining insurance unique to their remote practice. This may include cybersecurity insurance policies to protect in cases of a cyberattack or other terms focused on the remote nature of the practice.

Being aware of these issues can help a lawyer setting up a remote firm in appropriately preventing or managing risks.