New Jersey Bar Updates Bona Fide Office Requirements

In a testament to the degree that technology is changing the day-to-day practice of law, the New Jersey State Bar Association is proposing to amend a finding issued last March by a state Supreme Court Committee that seemed rooted in a pre-internet mindset.

As reported in the New Jersey Law Journal:

"Recognizing that technology has fundamentally changed the way lawyers conduct business and responding to a recent state Supreme Court Committee finding that essentially opposes the use of virtual offices, the New Jersey State Bar Association is now suggesting the state Judiciary amend the parameters lawyers must adhere to for establishing a law office.

"We do not at all mean to suggest that the 'traditional' law office is a relic of a bygone era ... But for many attorneys and their clients, mobile telephones, personal digital assistants, e-mail and video conferencing offer opportunities for communication and information-gathering far more suited to their client's needs than a physical office location," states the Bar report."

This is a significant departure from the Bar's position over the last ten years, during which they advocated for the necessity of bricks-and-mortar law offices in the state to ensure the quality of legal representation.

"Even before the March opinion, the state Bar had been examining the bona fide office rule, given the changing nature of the way lawyers conduct business.

After several months of examination, a committee of the association's Professional Responsibility and Unlawful Practice Committee and Solo and Small Firm Section said the time had come for the rule to change.

In the report, which was forwarded to the Supreme Court last month, the groups said attorneys might need to designate physical locations for some things, such as audits and the service of papers. But for day-to-day work with clients, an office might not be necessary, and might even increase the cost of legal services.

It also suggested revising the rule to allow flexibility while stating that accessibility and responsiveness to clients, other lawyers and the courts must remain a top priority."

Here we have yet another example of technology stripping away the vestiges of Old Law and reshaping the way the practice of law is actually executed.