Ethical Duties Related To Remote Working

In response to the COVID-19 pandemic, shelter-in-place and closure of non-essential businesses, including law firms, have resulted in many attorneys practicing law in home offices or some other remote or virtual settings. The "new normal" of remote lawyering has serious implications related to the legal profession's ethical mandate to serve clients competently and confidentially, even under such unprecedented circumstances. Set forth below is a discussion of the ethical implications of the new paradigm of remote legal representation in light of the duties of competence, confidentiality, and supervision under the New York Rules of Professional Conduct (the "Professional Rules" or "Rule(s)") and recommendations of specific measures that lawyers working remotely should consider in order to comply with such duties.