Technology has made it easier than ever for attorneys to serve clients from anywhere. Many lawyers now engage in remote law practice, sometimes from locations far from the jurisdiction where they are licensed. While this flexibility can be beneficial, it also raises questions about ethics, compliance, and professional liability.
For this discussion, remote practice means providing legal services while physically located in a different jurisdiction from the one in which the lawyer holds a license—referred to here as a remote jurisdiction. Colorado attorneys and out-of-state lawyers alike must understand how the rules apply to their situations.
Colorado-Licensed Lawyers Working From Another State
A Colorado attorney’s ability to work from a different state depends on that state’s regulations. The Colorado Rules of Professional Conduct prohibit practicing law from a jurisdiction if doing so would conflict with that jurisdiction’s rules. If a Colorado lawyer works from a state that forbids such activity, they could face discipline in both locations.
Before relocating or working remotely from another jurisdiction, a lawyer should confirm whether that jurisdiction permits the kind of legal work they intend to perform.
Out-of-State Lawyers Practicing From Colorado
Attorneys licensed elsewhere can, under certain conditions, perform legal work while based in Colorado. Rule 5.5(a)(1) states that no one may practice law in Colorado without a Colorado Supreme Court license, unless specifically allowed under Colorado court rules, federal law, or tribal law.
Out-of-state lawyers appearing in Colorado courts must apply for pro hac vice admission. A lawyer in good standing in another jurisdiction may work from Colorado if:
- They have not established a permanent residence or office for practicing Colorado law.
- They do not market themselves as a Colorado attorney.
- They do not solicit or take Colorado clients for legal services within the state.
The Office of Attorney Regulation Counsel (OARC) generally does not require Colorado licensure for lawyers living in Colorado who exclusively practice the law of another jurisdiction and do not appear in Colorado courts or apply Colorado law.
As of February 2024, Rule 5.5’s Comment [1] clarifies that lawyers physically in Colorado, but working under the authority of another jurisdiction, are not in violation so long as they avoid Colorado legal work and do not hold themselves out as licensed in the state.
Rule 8.5 also makes it clear that out-of-state attorneys can still face discipline in Colorado for offering legal services within the state. Lawyers practicing temporarily under CRCP 205.1 must comply with Colorado’s professional conduct rules and disciplinary framework.
Risk Management for Remote Legal Work
Professional liability insurance often depends on the firm’s geographic base, and some policies require that most clients be in the same state as the firm’s main office. Lawyers should confirm with their insurers whether remote or out-of-state practice affects coverage.
Remote practice also introduces additional cybersecurity risks. Attorneys should ensure that insurance policies cover data breaches, cyberattacks, and losses caused by technology failures. Since remote legal work often relies on virtual communications and cloud-based systems, lawyers must stay vigilant about safeguarding client confidentiality, maintaining competency, and supervising staff.
Helpful references include:
- Colorado Bar Association Formal Ethics Opinion 149 – Ethical Obligations for Lawyers Engaged in Virtual Practice.
- ABA Formal Opinion 498 – Virtual Practice.
- Hauptman & Beckwith’s “The Duty of Competence in the New Normal” (Colo. Law., July 2021).
Key Takeaways
Lawyers practicing from a different jurisdiction—whether they are Colorado-licensed working elsewhere, or out-of-state attorneys based in Colorado—must evaluate both regulatory and ethical requirements before engaging in remote practice. By understanding the applicable rules, consulting insurers, and following strong risk management practices, attorneys can enjoy the flexibility of remote work while remaining compliant and protecting client interests.
