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FL Supreme CourtFebruary 17, 2022Rule Amendments Adopted📋 Rule Change

In re: Amendments to Rule Regulating the Florida Bar 4-5.5

Case No. SC21-1379

Following its 2021 advisory opinion approving remote work in Florida by out-of-state attorneys, the Florida Supreme Court adopted the Bar's proposed amendments to Rule Regulating the Florida Bar 4-5.5, along with editorial and technical changes. The amended comment now expressly states that an attorney licensed in another U.S. jurisdiction does not have a 'regular presence' in Florida for the practice of law when working remotely from Florida, even for an extended period, if the work is exclusively on non-Florida matters and neither the lawyer nor any employing firm holds out a Florida presence.

Key facts

  • The Florida Supreme Court adopted amendments to Rule Regulating the Florida Bar 4-5.5 following a 2021 advisory opinion regarding remote work by out-of-state attorneys.
  • An out-of-state licensed attorney working remotely from Florida does not establish a 'regular presence' in Florida for practice of law purposes if working exclusively on non-Florida matters and neither the attorney nor employing firm holds out a Florida presence.
  • +2 more key facts with a free trial

Why it matters

This rule amendment formally embeds the holding of Florida Bar re Advisory Opinion—Out-of-State Attorney Working Remotely from Florida Home, 318 So. 3d 538 (Fla. 2021), into the text of Rule 4-5.5's comment, giving… — full analysis with a trial

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