The document is a slide deck presentation on practicing law virtually and ethically in New York. It discusses defining different types of virtual legal arrangements, interpreting New York's requirement for an "office for the transaction of law business," and profiling available virtual office vendors to determine which options would be ethically compliant for non-resident attorneys practicing in New York. The presentation provides guidance on setting up a virtual law office in New York in accordance with ethics opinions, policies, and case law.

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Practicing Law in the 21st Century:
Ethically and Practically Virtual
Presented by Co-Panelist:
Stephen T. Furnari, Esq.
Founder of Law Firm Suites
VIRTUAL PRACTICE: AFTER SCHOENEFELD | NYSBA CLE WEBCAST

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Presentation Overview
Determining an ethically compliant New York virtual office for non-residents.
0201 03
Getting clear about
“virtual lawyering”
and its definitions
Using a virtual law
office (ethically) in
the absence of
explicit guidance
Profiling the ethically
compliant virtual
office & comparing
available vendors
Words
Matter
Required
Features
Service
Analysis
The Compliant
Virtual Office

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About Stephen T. Furnari
Corporate attorney, partner &
founder of the New York law
firm Furnari Scher LLP.
Founder of Law Firm Suites, an
operator of coworking spaces
for attorneys.
Featured in ABA Journal, Inc.,
Entrepreneur, NY Daily News,
Money, Fox Business and Crain’s.
Contact Stephen on social media:
Small firm practice can be one of the most challenging ways to earn a living.
But it can also be incredibly rewarding. There’s nothing like closing a huge
deal, winning a big settlement or landing a whale of a client, and knowing
that you did it on your own.
When I first started my firm I got an opportunity to join a shared law office
suite. Almost immediately, I found that by sharing office space with other
solos, some of the most frustrating challenges of solo practice (no time &
inconsistent revenues) got resolved.
I received a steady stream of referrals and I was able to co-counsel on
projects, allowing me to keep more business. That experience forever
changed the way I thought about office space.
In 2007, I opened my own shared law office suite, called Law Firm Suites,
and created a system that gives any lawyer the tools be successful at solo
law practice. This system, which builds a supportive community, generates
referrals and creates practice efficiencies, took off all on its own.
Since Law Firm Suites started, we have helped launch dozens of law firms
with a 92% success rate. We have seen clients get opportunities they would
have never imagined possible when they first hung their shingle.
It’s rewarding to know that this system I stumbled into because I was trying
to solve some of my own problems as a solo lawyer, has played a key role
in our clients’ success. It drives everything I do as a professional.
Passion
Admissions
Expertise
Self-employed since 2002
Start-ups & Financial Services
New York, Florida, Massachusetts
Helping entrepreneurial attorneys
Employment History

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Shared office space
exclusively for attorneys
Office Rentals | Virtual Office
Litigation War Room Rentals
NYC Midtown | NYC Financial District
Call: (212) 269-3600Connect:
Millions in Referrals
Each Year
Show up to work. Be nice.
Get referrals.
Subsidize your rent.
Space Designed for
Lawyers by Lawyer
Your adversaries are difficult,
office space shouldn’t be.
A Collaborative
Community
Like-minded professionals
leveraging our legal experience
into business opportunities.

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My dirty little secret…
Larchmont, NY; January 27, 2011

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Furnari
Scher LLP
Has two bricks and mortar
offices in Florida, and a virtual
office in Law Firm Suites’
Financial District office.
Florida Resident
New York
Virtual Law Office
I am also a non-resident virtual lawyer.

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Endless summer…
Florida, Winter 2012

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01
Getting clear about
“virtual lawyering”
and its definitions
Words
Matter

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Words Matter
Understanding the nuances of “virtual lawyering”
Virtual Law Firm
Virtual Law Office
Virtual Legal Services

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Words Matter
Understanding the nuances of “virtual lawyering”
Virtual Law Firm
• No central office. The firm’s
attorneys work from wherever
they choose (most often their
home).
• Use of SaaS apps to facilitate
nearly every aspect of practice,
including marketing, billing,
client communications and
document storage.
• Also called a “virtual law
practice.”
Virtual Law Office
Virtual Legal Services

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Words Matter
Understanding the nuances of “virtual lawyering”
Virtual Law Office
• An “unbundled” office rental
arrangement.
• Firms get the business presence
and resources of a traditional
office (an address to receive mail,
a physical location to meet
clients, conference rooms,
receptionist and admin services,
and temporary office space).
• Low monthly fee (<$100/month),
extra services paid for only when
needed.
• Attorneys work primarily from
another location (home office or
office in another city).
Virtual Law Firm
Virtual Legal Services

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Words Matter
Understanding the nuances of “virtual lawyering”
Virtual Law Firm
Virtual Legal Services
• Legal services executed and
delivered exclusively online
using SaaS applications.
• Services performed by
attorneys and non-lawyer
online legal form companies.
• “Unbundled services”, client
performs some or all of the
services themselves with the
guidance of an app and the
lawyer intervenes on a
minimal basis, if at all.
Virtual Law Office

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Schoenefeld
Law Firm LLC
Ms. Schoenefeld, a New Jersey
resident, is seeking to practice in
New York as a Virtual Law Firm
(no connection to a bricks and
mortar office).
New Jersey
Resident
Pure New York
Virtual Law Office
(not currently permitted)
What is Ekaterina Schoenefeld seeking to do in New York?

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02
Using a virtual law office
(ethically) in the absence
of explicit guidance
Required
Features

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Virtual Office
All lawyers practicing in New
York must have an ‘office for the
transaction of law business.’
--NY Judiciary Law s. 470

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Interpreting “an office for the transaction of law business”
Does a virtual office meet the definition? Resources to review
NYS Policy
Statements
Existing
Case Law The ethically compliant
virtual office
Ethics
Opinions

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What is an office for the transaction of law business?
Applicable to non-residents
A family member’s home
Desk space
(including shared)
Case References
Existing
Case Law
Austria v. Shaw
143 Misc. 2d 970 (1989)
Rosenshein v. Ernstoff
176 AD 2d 686 (App. Div. 1991)
Matter of Scarsella
195 AD 2d 513 (App. Div 1993)
Phone & mail
forwarding
(even by non-employee)
Shared office space
Hotel Room

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01Attorney can receive in-state
service of process
02Attorney is available for contact
by interested parties
03Attorney is available for court
proceedings
What is an office for the transaction of law business?
Applicable to non-residentsNYS Policy
Statements
Source: NYS’s brief, Fed. Court of Appeals

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Specially Trained Staff
Staff trained in confidentiality and
privilege requirements of attorneys
Privacy
A private place to hold
confidential meetings
Receptionist
A person to coordinate the handling
of “pop-ins” (people or packages)
when the attorney is not on site
What is an office for the transaction of law business?
Applicable to non-residentsEthics
Opinions
“[L]lawyers do not require a traditional
office in order to maintain appropriate
levels of ‘accessibility.’”
“[E]conomic conditions in the legal world
and technological developments
persuade us that we should not create
obstacles to the use of VLOs.”
“Use of a VLO address is consistent with
the evolution of modern law practice”
NYCBA Formal Ethics Opinion 2014-2

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Is there an
appetite for
enforcement?
Limited interest in enforcement
based on:
• Conversations with legal ethics
experts & malpractice lawyers
• Court opinions in Schoenefeld
• NYSBA Ethics Opinion 2014-2
• Current trends in other
jurisdictions
• Needs of bar members
struggling to remain relevant
Judiciary Law s. 470

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Matching
limited
guidance with
available virtual
office services
Connecting the Dots

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Features of the
Ethically Compliant Virtual Office
For non-resident attorneys with some risk tolerance
Ethics
Opinions
NYS Policy
Statements
Existing
Case Law
Desk Space
Available for rent
when needed
Receptionist
To field pop-ins &
forward mail
Processes
To recognize priority
items & notify you
Staff Training
On confidentiality &
privilege issues
Confidentiality
Place to hold private
meetings
Service
On-site agent for
service of process
The Ethically
Compliant
Virtual Office

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Features of the
Ethically Compliant Virtual Office
For the truly risk averse non-resident attorney
Ethics
Opinions
NYS Policy
Statements
Existing
Case Law
Service
On-site agent for
service of process
Receptionist
To field pop-ins &
forward mail
Processes
To recognize priority
items & notify you
Staff Training
On confidentiality &
privilege issues
Confidentiality
Place to hold private
meetings
Permanent
Desk Space
Secure Storage
Dedicated place to
leave office items
Signage
Door signage
identifying firm
The Ethically
Compliant
Virtual Office

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03
Profiling the ethically
compliant virtual office
& comparing available
vendors
Service
Analysis

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The polar extremes of virtual office compliance
UPS Store | East 51st Street | NYC
• Mail & package receipt only
• No receptionists to greet pop-ins
• No conference rooms to meet clients
• No agent for service of process
Law Firm Suites | Financial District | NYC
• Staff fully trained in attorney privilege & confidentiality
• Multiple private conference rooms
• Procedures for handling priority deliveries & pop-ins
• Short-term & long-term deskspace
• Agent for service of process program
• Signage & secure storage
• BONUS: Exclusive to lawyers (same set of professional ethics rules)
Not Ethically Compliant Full Ethical Compliance

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Available vendors rated by ethical compliance for non-residents
Sage Workspaces
Midtown East | NYC
Limited conference rooms and
no dedicated “day office”
spaces, only unrented
permanent offices. Signage
available.
Servcorp
World Trade | NYC
No service of process or legal
ethics training program but OK
with lawyer directed requests
on both items. No signage.
Jay Suites
Financial District | NYC
No service of process or legal
ethics training program but OK
with lawyer directed requests
on both items. No signage.
B B+ B+ Receptionist
Processes for priority items
Staff training on legal ethics
Places for private meetings
Agent for service of process
“Day office” space
Permanent office rentals
Secure storage
Signage
Available
Partially available
Not available
Features Key
Top performers

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Available vendors rated by ethical compliance for non-residents
NYC Bar
Midtown West | NYC
Not an office. No true guest
reception, inadequate meeting
room facilities, no permanent
workspace rentals, storage or
signage.
Corporate Suites
Midtown East | NYC
No service of process or legal
ethics training program and
NOT OK with lawyer directed
requests on both items.
Automatic failure.
C- F Receptionist
Processes for priority items
Staff training on legal ethics
Places for private meetings
Agent for service of process
“Day office” space
Permanent office rentals
Secure storage
Signage
Available
Partially available
Not available
Features Key
Bottom of the class

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Virtual Office Rentals
Exclusively for Attorneys
An affordable virtual office office
rental with the potential for referrals
and co-counsel opportunities.
Referrals to pay your rent
Collaborate with other lawyers just
like you
Easy networking opportunities
Highly trained staff that makes you
look great to your clients
Schedule a Tour
www.LawFirmSuites.com