Can an Illinois lawyer practice Illinois law, including appearing virtually in Illinois courts, while physically located in another state?
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This page answers the general question as of 2022. Ezel answers yours: whether it's allowed on your facts, under the current Illinois Rules of Professional Conduct, with citations.
Plain-English summary
The committee received several fact patterns about an Illinois lawyer who is on vacation or otherwise outside Illinois but continues to represent clients, including appearing virtually in Illinois courts. The summarized question is whether an Illinois-licensed lawyer may practice Illinois law from outside the state's geographic boundaries.
The committee concludes the Illinois Rules do not address a lawyer's geographic location; Rule 5.5 focuses on the jurisdiction in which the lawyer is admitted and on protecting the public from unauthorized practice. The committee distinguishes geography from jurisdiction, noting that Rule 5.5 draws no distinction between them and that lawyers have long worked on client matters while physically out of state. It points to prior ISBA Opinion 02-04, which found no unauthorized practice where an Illinois-licensed lawyer worked from out of state, as recognizing this bifurcation. The committee concurs with ABA Formal Opinion 495 (December 2020), which permits a lawyer to remotely practice the law of the jurisdiction where licensed while physically in another jurisdiction, provided the local jurisdiction has not deemed it unauthorized practice and the lawyer does not hold out a local presence (no local office, advertising, or offer of local services). The committee adds that this also permits virtual appearances in Illinois proceedings by phone or video from outside Illinois with the court's and parties' notice and approval.
The committee surveys consistent authority from Florida (including its amended Rule 4-5.5), Delaware, and Wisconsin, and references the broader virtual-practice guidance of ABA Formal Opinion 498 (the core duties of competence, diligence, communication, confidentiality, and supervision apply regardless of physical location). It concludes there is no Illinois violation, but cautions that other geographic jurisdictions may treat practicing any law from within their borders without local admission as a violation, so Illinois lawyers should check the rules of the state where they intend to practice Illinois law remotely.
In practice
Under this opinion, an Illinois lawyer working remotely from another state may continue handling Illinois matters, including transactional work, client interaction, and virtual appearances in Illinois proceedings with the court's and parties' approval, without violating the Illinois Rules. The opinion conditions the conclusion on the lawyer not holding out a presence in the other state and on the lawyer checking that state's own law and conduct rules, which the committee notes may classify the remote presence as unauthorized practice there.
Common questions
Q: Can an Illinois lawyer work on Illinois cases while physically in another state?
A: Yes. The committee concludes the Illinois Rules do not regulate a lawyer's geographic location and that practicing Illinois law from outside Illinois does not violate Rule 5.5.
Q: Can the lawyer appear virtually in an Illinois court from out of state?
A: Yes. The committee says a virtual appearance in an Illinois proceeding by phone, electronic, or video means from outside Illinois does not violate the Rules, with appropriate notice and approval of the court and parties.
Q: Does it matter what the other state's rules say?
A: Yes. The committee cautions that the state where the lawyer is physically located may treat practicing any law there without local admission as a violation, so the lawyer should check that state's law and conduct rules.
Q: What does the lawyer have to avoid in the other state?
A: Following ABA Formal Op. 495, holding out a local presence. The lawyer should not advertise or list a local office, hold out as locally licensed, or offer local-law services in the state where physically present.
Background and rules framework
The opinion interprets Illinois Rule of Professional Conduct 5.5 (unauthorized and multijurisdictional practice), reading its focus as the jurisdiction of admission rather than the lawyer's physical location, and relies on Comment 2's public-protection rationale and the Illinois Attorneys Act (705 ILCS 205/1). Rule 5.5 tracks Model Rule 5.5. The committee adopts ABA Formal Opinion 495 as an applicable interpretation, and cites ABA Formal Opinion 498, prior ISBA Opinion 02-04, and opinions and rule amendments from Florida, Delaware, and Wisconsin.
Citations and references
Rules of Professional Conduct:
- MR 5.5 / IL RPC 5.5 (unauthorized and multijurisdictional practice; Comment 2)
Statutes:
- 705 ILCS 205/1 (Illinois Attorneys Act)
Other opinions cited:
- ABA Formal Op. 495 (2020) (remote practice of home-jurisdiction law); ABA Formal Op. 498 (2021) (virtual practice)
- ISBA Advisory Op. 02-04 (2002); Florida, Delaware, and Wisconsin (EF-21-02) authorities
See also
- ABA Formal Op. 495: Lawyers Working Remotely
- ISBA Ethics Op. 20-08: Out-of-State Lawyer Working at an Illinois Firm
- NY State Bar Op. 1054: Choice of Law for a Virtual Law Office in Another State
Source
- Landing page: https://www.isba.org/ethics/opinions/2203
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