 |
| Daybreak From Phoenix X |
I turned 67 this past Sunday, and while I have no plans to leave the "jealous mistress" any time soon, I confess that on occasion I have thought it might be nice to spend some time during the winter months practicing law with sand between my toes. You can do that in Colorado, but it's pretty cold at the Great Sand Dunes National Park and Preserve before Memorial Day. Plus the cell service is spotty and Internet speed seriously wanting. The "Redneck Riviera" with it's broad white sand beaches is more my preferred getaway.
During the pandemic, a whole lot of attorneys had the same idea: "If I'm going to be stuck indoors, why not go somewhere that is warm or has a view?"
The ethics community responded with a fusillade of commentary cautioning about potential UPL (unauthorized practice of law) issues if one were to to do that, and offering advice to those who ventured out of their home COVID bunker.
Here, in the dead of Colorado winter, I have no inclination or reason to replicate those efforts. But for out-of-stater lawyers thinking of that summer in the Colorado mountains might be a nice retreat, the just-published monthly newsletter of the Colorado Office of Attorney Regulation Counsel offers solid guidance.
Like Potter Stewart's famous definition of pornography, UPL is one of those legal phrases that evades a uniform definition. It is inherently a state law matter. What does or does not constitute the unauthorized practice of law is in the eye of the beholder, and some states are more protective of their local bars than others. California, for example, has not adopted a rule that permits temporary practice other than admission pro hac vice in litigation. Other states, like Colorado, simply require registration and payment of a processing fee.
The best advice to would-be "snowbird" and other lawyers contemplating seasonal migration of their practice is to carefully research the law of the state where you intend to roost before booking that long-term VRBO. For those thinking of Colorado, the good folks at OARC have done the work for you.
