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When Should Attorneys Be in the Office?

By Sheldon I. Banoff

Last month, we identified for our readers the basic concept of what designates an attorney's “office,” in a world of working at home; telecommuting; “virtual” law practices; “limited service” and “satellite” law offices; and offsite client meetings (at your local Starbucks or other neutral turf). See Sheldon I. Banoff, “When Should Attorneys Be in the Office? Part One,” LFPBR, Vol. 17, No. 7 (Sept. 2011), page 1. We identified the potential ramifications of having or not having an office on topics such as state licensure, the unauthorized practice of law, multi-state tax reporting and potential tax liabilities, and the potential violation of rules of professional conduct if one's letterhead, business cards or websites mislead the public as to the existence of an attorney's “office” where no office is deemed to exist.

This month, we focus on how long, when and why a lawyer should be “in the office.” Our analysis is not based on human resource or time management expertise (as your author has neither), but rather on, among other things, observations and anecdotes from our 37 years' experience as an attorney working in a medium and large law firm.

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