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Mar 09, 2021 By Jim Ash Senior Editor Top Stories
Dori-Foster-Morales
At a March 5 virtual meeting, the Board of Governors, among other things, tentatively approved a $44.09 million budget for 2021-2022, recommended a rule change that could increase access to justice funding, and learned “The Florida Bar Recommended Best Practices Guide for Remote Court Proceedings” is ready for distribution.
And in a sign that the COVID-19 pandemic is waning, President Dori Foster-Morales announced that the board intends to meet in person in May, the first time it has done so in more than year.
“It will be safe and secure,” Foster-Morales said, adding that the meeting, scheduled for Duck Key, will feature outdoor activities, and also be streamed live via videoconference. The format for the Jun
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The American Bar Association s (ABA) Formal Ethics Opinion 495 confirms what many have said is the law under ABA Model Rule 5.5 for a while now: Lawyers can sit in a jurisdiction in which they are not licensed so long as they are licensed in a U.S. jurisdiction and are invisible as a lawyer where they sit. Still, this confirmation will come as welcome news to many who have either been forced or chosen to relocate outside of their licensed jurisdiction due to the COVID-19 pandemic. The Formal Opinion does caveat that it does not apply to those jurisdictions that have already affirmatively barred such invisible lawyering, though it does not identify any such jurisdiction.
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At our 2020 Annual Ethics for In-House Counsel Seminar in December, we addressed Legal Ethics in the Time of COVID-19. That presentation was through the framework of ABA Formal Ethics Opinion 482, Ethical Obligations Related to Disasters (Sept. 19, 2018). Although ABA Formal Opinion 482 focuses on natural disasters such as hurricanes, floods, tornados and the like, it is also applicable to COVID-19 as a slow-moving disaster. One of the issues raised in ABA Formal Opinion 482 is the Unauthorized Practice of Law (”UPL”).
Shortly thereafter, on December 16, 2020, the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 495, which addresses the reality of lawyers working remotely during the pandemic. ABA Formal Opinion 495 provides common sense direction to lawyers, who have either chosen or been forced to carry on remotely their practice of law of the jurisdiction(s) in which they are
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