The modern law practice has provided an opportunity for many attorneys to expand or experiment with niche practices across multiple jurisdictions. Indeed, technological advances have allowed attorneys to build practices nationwide by decreasing the costs of advertising and communicating with clients, as well as permitting attorneys to handle the minutiae of representations from afar.
Although Texas authorities have recognized the benefit and permissibility of out-of-state attorneys rendering legal services in Texas, other jurisdictions have created requirements that can be perceived to be restrictive on no-resident attorneys. For example, N.Y. Judiciary Law Section 470 provides that an individual who is admitted to the New York bar but does not reside in New York must maintain an “office for the transaction of law business” in New York in order to practice law there. This law was challenged by an attorney who was licensed in New York, but resided in New Jersey and maintained an office only in New Jersey. The attorney complained that she was required to decline representations in New York because of the statute. She additionally argued that the statute improperly discriminated against her and nonresident attorneys because in-state residents were not required to maintain a physical office in New York since they could instead practice, for example, out of their homes.
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