NJ finally reconsidered its long-standing requirement ( Rule
1:21-1(a)) of a physical or, in the words of the rules, “bona fide” office
location in the state. Effective February 1, 2017, the rule change allows a virtual office under a few conditions.
First, the practitioner “must
structure his or her practice in such a manner as to assure, as set forth in
RPC 1.4, prompt and reliable communication with and accessibility by clients,
other counsel, and judicial and administrative tribunals before which the
attorney may practice.”
Second, the practitioner must designate a physical location
for the record keeping and document request purposes.
Third, the practitioner
must “designate the Clerk of the Supreme Court as agent upon whom service of
process.”
Forth, the attorney must employ [t]he system of prompt and
reliable communication . . . [that may be] achieved through maintenance of
telephone service staffed by individuals with whom the attorney is in regular
contact during normal business hours."
Finally, the attorney “shall be
reasonably available for in-person consultations requested by clients at
mutually convenient times and place.”
This is a big win for out of state providers, who
could not afford or did not wish to maintain a burdensome physical location in
the state. However, many serious practitioners would probably opt for an actual
physical office in the state to impress their clients. I am sure that most clients
will care.
