Connected Pulse with Carolyn Elefant
Carolyn Elefant of myshingle.com has the longest running blog about small law and solo law offices. Started in 2002, she has been one of the ...
Ignite Law: Carolyn Elefant
The Biglaw-Solo Partnership: Outsourcing Innovation and The Lessons of Tommy Supreme
Solo by Choice: How to be the Lawyer You Always Wanted to B
trailer, using iMac and other free software. Solo by Choice is a book by Carolyn Elefant, that makes the case for solo practice as a way to find ...
ABA TECHSHOW Chicago, Illinois Carolyn Elefant (@carolynelefant) & Nicole Black ( ...
ABA TECHSHOW is the worlds premier legal technology CLE conference & expo. The three-day CLE conference is attended by more than 1500 ...
Bona Fide Office Rule in New Jersey: No Virtual Law Firms
New Jersey is one of the few states that has what is known as a “bona fide office” rule. A NJ Bar Committee recently endorsed the role and this has created a lively debate within the legal blogosphere. [ See ABA Journal Article ].
“Virtual law offices” violate the state requirement for a bona fide office, according to a joint opinion by the New Jersey Advisory Committee on Professional Ethics and the Committee on Attorney Advertising. See Opinion ACPE 718/CAA 41 .
Rule 1:21-1(a) requires that a New Jersey attorney maintain a bona fide office for the practice of law.
For the purpose of this section, a bona fide office is a place where clients are met, files are kept, the telephone is answered, mail is received and the attorney or a responsible person acting on the attorney’s behalf can be reached in person and by telephone during normal business hours to answer questions posed by the courts, clients or adversaries and to ensure that competent advice from the attorney can be obtained within a reasonable period of time.
“A so-called “virtual office” does not qualify as a bona fide office. A “virtual office” refers to a type of time-share arrangement whereby one leases the right to reserve space in an office building on an hourly or daily basis. Accordingly, an attorney’s use of a “virtual office” is by appointment only. The office building ordinarily has a receptionist with a list of all lessees who directs visitors to the appropriate room at the appointed time. Depending on the terms of the lease, the receptionist may also receive and forward mail addressed to lessees or receive and forward telephone calls to lessees.”
“As noted above, a bona fide office is, in part, a place where “the attorney or a responsible person acting on the attorney’s behalf can be reached in person and by telephone during normal business hours to answer questions posed by the courts, clients or adversaries . . . .” R. 1:21-1 (a). A “virtual office” cannot be a bona fide office since the attorney generally is not present during normal business hours but will only be present when he or she has reserved the space. Moreover, the receptionist at a “virtual office” does not qualify as a “responsible person acting on the attorney’s behalf” who can “answer questions posed by the courts, clients or adversaries.” Presumably, the receptionist can redirect a telephone call to the attorney lessee of the “virtual office” much like an answering service, but would not be privy to legal matters being handled by the attorney and so would be unable to “act[] on the attorney’s behalf” in any matter.”
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Posted on April 13, 2010 by Carolyn Elefant. In a couple of hours, I'm heading out to ... MyShingle.com, written by Carolyn Elefant, offering information relating to solo law ...
Carolyn Elefant is a Washington D.C. based attorney, specializing in FERC practice, emerging renewables including strategy, policy, funding strategies ...
When the Law Offices of Carolyn Elefant (LOCE) opened our doors in November 1993, we recognized a need amongst individuals, associations and small ...
Carolyn Elefant is the founder and principal attorney with the Law Offices of Carolyn ... Carolyn thrives on matters of first impression and last resort, embraces ...
Carolyn is founder and principal attorney in the Law Offices of Carolyn Elefant (LOCE) ... Carolyn's law practice is focused on energy work, including emerging renewable energy ...