A lot of attorneys are unhappy. Too often attorneys accept their unhappiness as a natural, unchangeable part of being a lawyer. It’s not. Attorneys can be happy. How do I know? Because I am an attorney and I am happy. But it hasn’t always been that way…
I talked with Okeoma Moronu on her Podcast The Happy Lawyer Project about my journey from unhappy attorney to happy attorney* and my remote practice which has played a huge role in the journey. Here’s where you can listen to it:
- Happy Lawyer Podcast Website: click here
- iTunes / Podcast App: click here
*of course, happiness doesn’t mean constant elation. There are still struggles and less than ideal days but the difference is deep down, when I hit a tough point, I know it’s temporary. It’s a puzzle to be solved not a permanent state of affairs to be accepted.
Hi, I’ve been trying to figure out how to practice remotely without running into UPL issues. How do you manage without living in the state of licensing and dealing with clients who don’t have a connection to your state of licensing?
I’ve been living abroad for 3 years and the only work I’ve felt confident doing to avoid these issues is freelance for other attorneys. However, this is rather limiting.
Do you maintain malpractice insurance and an IOLTA?
Thank in advance for your tips.
Hi Simone! Thanks for reaching out. The issue is both a complex and evolving one so I don’t think I can provide a comprehensive or concrete answer in this forum. However, I would like to provide a few notes that may be helpful. (1) The Bar in the state where you are licensed may have resources that you can review – online or maybe even a phone number. Each state’s approach to virtual law offices is a little different. Some states recognize the benefits to the client and have come out with advisory opinions favoring them. (2) I just do not do any work for clients outside of the states where I am licensed (California & Florida). It’s too risky. California is my home base and I have a physical presence in Florida part of the year. (3) YES! On malpractice and compliance with trust rules (in full disclosure: I typically bill after completion of services so trust accounting issues generally do not not arise). The same general ethical rules and business principles apply to working remotely. This may mean middle of the night phone calls when abroad to comply with your obligation to keep the client informed. (4) Not all practice areas are well-suited for a virtual practice. For example, obviously, you cannot make court appearances from abroad so practice areas with that won’t work. Similar, some areas require more client communication than others to constitute competent representation. I’d start with your state Bar, evaluate the best practices areas, identify and problem solve likely issues and move forward from there. Best of luck!