May a New Jersey attorney handle a client's New Jersey litigation while working from the client's out-of-state office?

Plain-English summary

The Committee was asked whether a licensed New Jersey attorney, domiciled in New Jersey and with an office here, may carry on the New Jersey litigation of an out-of-state client from that client's out-of-state office. The client, licensed to do business in New Jersey, would provide office space and clerical help and wished to keep its records and files at its out-of-state office, while the attorney would prepare pleadings and correspondence using his own New Jersey letterhead and his New Jersey office as his office of record.

Under R. 1:21-1, qualification to practice in New Jersey requires either domicile in New Jersey or maintenance of a principal office here. The Committee found that the attorney would comply with R. 1:4-1(b) by using his New Jersey office address and telephone number as his record office on pleadings, and that he both was domiciled in New Jersey and maintained a principal office here.

It concluded that a New Jersey attorney's use of an out-of-state client's office and facilities to prepare for that client's New Jersey litigation does not violate R. 1:21-1(a), where the attorney either is domiciled in New Jersey or maintains a principal office in New Jersey.

Currency note

This opinion was issued in 1975, before New Jersey's adoption of the 2004 revisions to the Rules of Professional Conduct, and predates the 1984 replacement of the Disciplinary Rules by the RPCs. It rests on the court rules then governing where an attorney must be domiciled or maintain an office (R. 1:21-1 and R. 1:4-1), which New Jersey has since revised, including changes to the bona fide office requirement. The cross-border practice question is now also informed by RPC 5.5. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a New Jersey lawyer work out of a client's out-of-state office on the client's New Jersey case?

A: Under this opinion, yes, as long as he remains domiciled in New Jersey or maintains a principal office here and uses his New Jersey office as his office of record.

Q: What made the arrangement permissible?

A: The attorney satisfied R. 1:21-1 by being domiciled in New Jersey and maintaining a principal office here, and complied with R. 1:4-1(b) by using his New Jersey office address on pleadings.

Background and rules framework

The opinion applied R. 1:21-1 (domicile or principal office required to practice in New Jersey) and R. 1:4-1(b) (office of record on pleadings). In current New Jersey terms, the cross-border dimension of such an arrangement is also addressed by RPC 5.5, and the office requirements have since been revised.

Citations and references

Court rules:

• R. 1:21-1 (domicile or principal office required to practice in New Jersey), as in effect 1975
• R. 1:4-1(b) (office of record on pleadings), as in effect 1975

See also

• NJ ACPE Op. 306: Announcing the Start of an Out-of-State Practice
• NJ ACPE Op. 742: Non-NJ Lawyers Working Remotely From a New Jersey Home
• NJ ACPE Op. 305: An Out-of-State Attorney's Legal Title on a Bank's Letterhead

Source

• Full text (Justia mirror): https://law.justia.com/cases/new-jersey/advisory-committee-on-professional-ethics/2004/acp299-1.html
• Issuing authority: New Jersey Supreme Court Advisory Committee on Professional Ethics, via the NJ Courts Supreme Court Committees page

Original opinion text

Reproduced from a full-text mirror of the official opinion for research purposes. The linked official source controls.

98 N.J.L.J. 126, February 6, 1975

OPINION 299

Attorney Practicing from Client's Out-of-State Office

Under R. 1:21-1 qualification to practice law in the State of New Jersey requires either domicile in New Jersey or maintenance here of a "principal office."

This inquiry asks whether a licensed New Jersey attorney domiciled in New Jersey and having an office here may carry on the New Jersey litigation of an out-of-state client from the client's out-of-state office. The client is licensed to do business in New Jersey. The client will provide office space and clerical help. Its objective is to keep all of its records and files in its out-of-state office. The attorney will prepare pleadings and issue correspondence from the client's office using the attorney's own New Jersey letterhead and his New Jersey office as his office of record.

On the above facts this attorney will be in compliance with R. 1:4-1(b) in using his New Jersey office address and telephone number as his record office on pleadings. He is both domiciled in New Jersey and maintains a principal office here.

Accordingly, we are of the opinion that a New Jersey attorney's use of the office and facilities of an out-of-state client in which to prepare for that client's litigation in New Jersey courts is not in violation of R. 1:21-1(a) where the attorney either is domiciled in New Jersey, or maintains a principal office in New Jersey.