Nice model, now leave

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  • Some voluntarilySome via Troika
  • VA LEO 1584May a lawyer who is a member of the VA Bar:Form a partnership with a non-lawyerIn Washington DC (DC allows non-lawyer partners)And practice law in VA and/or for VA-based clients (VA does not allow non-lawyer partners)
  • NYSBA Ethics Opinion 911May New York lawyers, with a NY office:Enter into a business relationship with a UK ABS To represent New York clients. As employees of the UK entity who would hold stock options
  •  A New York lawyer may not practice law principally in New York as an employee of an out-of-state entity that has non-lawyer owners or managers.
  • BUT… What it is this about principally ?NYSBA Opinion 889: “Must look to choice of law rules in New York Rule”Consider principal place of business and predominate effectDC Office + some work in NY = DC RulesNY Office + (presumably) all revenue in NY = NY Rules
  • ABA Commission on Ethics 2020 currently assessing how virtual practice impacts needs to be licensed Is virtual practice “systematic and continuous” presence that requires licensingTaking comments until July 31
  • Nice model, now leave

    1. 1. Nice Model,Now Leave.Potential Impact of Choice of Law in anABS WorldJames PetersVP, New Market InitiativesLegalZoom.com1
    2. 2. Liberalizing Legal Services2
    3. 3. “we think our bars should join forces in order to express ourcommon stand on the international scene.”3
    4. 4. “The proposed reformsare plainly inconsistentwith the Core Principlesof the Legal Profession.”4
    5. 5. 5
    6. 6. 6
    7. 7. 7
    8. 8. 8
    9. 9. Time Magazine:July 25, 1994VA LEO 1584:April 11, 19949
    10. 10. What about today?10
    11. 11. 11
    12. 12. 12
    13. 13. Sort of…13
    14. 14. 14
    15. 15. A lawyer shall not be subject todiscipline if the lawyer’s conductconforms to the rules of a jurisdictionin which the lawyer reasonablybelieves the predominant effect of thelawyer’s conduct will occur.15
    16. 16. 16
    17. 17. “North Carolina could become to law firms what Delaware is tocorporations.”17
    18. 18. "Every day, all round the world, the two legal systems battle it out to be thegoverning law, for example on commercial contracts. So any advantages thatUK law has to win against US law, the better. Arguably this is good news forUK law, to see the US being so backward." 18
    19. 19. Possible Results• States lose:oLegal jobsoTax revenueoRegulatory control19
    20. 20. More Change Pending?20

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