Florida UPL Committee will consider New Jersey lawyer’s request for formal advisory opinion regarding remote practice from Florida

Hello everyone and welcome to this Ethics Alert which will discuss a New Jersey lawyer’s request for formal advisory opinion regarding remote practice related to non-Florida matters from his Florida home.  The lawyer’s request for the formal UPL opinion is here: https://www-media.floridabar.org/uploads/2019/12/Restaino_Request.pdf

The Florida Bar has provided notice that the Bar’s UPL Standing Committee will consider a New Jersey lawyer’s request for a formal advisory opinion on whether it constitutes the unlicensed practice of law for the lawyer, who is a Florida resident employed by a New Jersey law firm which has no place of business or office in Florida, to work remotely from his Florida home only on matters that concern federal intellectual property rights not Florida law) and without any public presence or profile in Florida as an attorney.

The Bar’s UPL Committee will hold a public hearing on February 7, 2020, at the Hyatt Regency Orlando Hotel, 9801 International Drive, Orlando, FL 32819 beginning at 9:00 a.m., to receive input on the question and testimony from interested individuals.  Written testimony can also be sent to The Florida Bar, UPL Dept., 651 E. Jefferson St., Tallahassee, FL 32399-2300, or by e-mail before the hearing.

The February 7 hearing is the first step in the UPL formal advisory opinion process and, after the hearing, the committee will decide whether to issue a proposed opinion.  The committee has not previously considered the question and is not required to issue an opinion after the hearing.

Bottom line:  If the Florida Bar’s UPL Committee renders a formal opinion, it should provide guidance on the issue and any proposed opinion by the committee will be advisory only.

I will follow the issue and keep you advised…and be careful out there.

Disclaimer:  this e-mail is not an advertisement, does not contain any legal advice, and does not create an attorney/client relationship and the comments herein should not be relied upon by anyone who reads it.

Joseph A. Corsmeier, Esquire

Law Office of Joseph A. Corsmeier, P.A.

2999 Alt. 19, Suite A

Palm Harbor, Florida 34683

Office (727) 799-1688

Fax     (727) 799-1670



Joseph Corsmeierabout.me/corsmeierethicsblogs

About jcorsmeier

Joseph A. Corsmeier is an “AV” rated attorney practicing in Clearwater, Florida. He concentrates his practice primarily in the areas of defense of attorney disciplinary matters before The Florida Bar, attorney admission matters before the Florida Board of Bar Examiners, and professional license and disciplinary matters before the Boards of the State of Florida. He provides expert analysis and opinion on conflict of interest and other attorney disqualification and legal malpractice issues and he testified as an expert in the Florida courts. He served as an Assistant State Attorney in the Sixth Judicial Circuit from 1986 to 1990 where he prosecuted felonies exclusively from June 1987, and as Bar Counsel for The Florida Bar’s Department of Lawyer Regulation from 1990 to 1998. He also practices in the areas of estate planning and Medicaid qualification, workers’ compensation, and labor law. Mr. Corsmeier is the author of numerous articles for various bar publications, has spoken at numerous local and statewide seminars on various topics, including ethics and professionalism, and was an instructor of legal ethics for paralegals at Rollins College until the Tampa campus closed. He received his undergraduate degree from Florida State University and his J.D. from Mercer University. He is admitted to practice in all Florida Courts, the Supreme Court of the United States, the United States Court of Appeals for the Eleventh Circuit, and the Middle District of Florida. He is a member of The Florida Bar, American Bar Association, the Association of Professional Responsibility Lawyers, and the Clearwater and St. Petersburg Bar Associations.
This entry was posted in Attorney ethics, corsmeier, Florida Bar, Florida Bar ethics, Florida Bar UPL, Florida Supreme Court, Florida UPL opinion out of state lawyers practicing in Florida, Florida UPL out of state lawyers, joe corsmeier, joseph corsmeier, Uncategorized, UPL opinions and tagged , , . Bookmark the permalink.

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