Physical Office Requirements for New York Law Firms

Remote work for lawyers is commonplace these days. With the blessing of ABA Opinion 495 (Dec. 2020) and state ethics rules, it’s now routine for attorneys to practice virtually in jurisdictions where they’re licensed, without being physically located in them.

In New York, however, remote practice is still governed by Judiciary Law § 470. Under Section 470, nonresident lawyers may practice in New York only if they maintain a physical office in the state. Virtual offices offering only mail drops and on-demand conference rental space do not suffice, but virtual offices with reliable handling of mail and hand deliveries, on-demand private space for client meetings, and the ability to accept service on the lawyer’s behalf, where clients and regulators can reasonably reach you during business hours, may.

Law firms considering operating in New York with a virtual office and remote lawyers must carefully analyze Rule 470 and comply with its requirements when setting up their firms.