In the wake of the COVID-19 pandemic, remote work transformed from a temporary fix into a lasting feature of professional life—including the legal field. Attorneys now conduct depositions from their living rooms, argue motions over Zoom, and consult with clients via encrypted messaging platforms. But as this digital migration continues, a new ethical landscape is taking shape—one where traditional codes of conduct may no longer be enough.
This shift has sparked a critical conversation: Do we need a new code of ethics for remote lawyering?
The Expansion of Remote Legal Practice
Remote lawyering offers numerous benefits. It increases access for clients who may struggle to attend in-person meetings, reduces overhead for law firms, and allows legal professionals to work across jurisdictions more flexibly than ever before. Yet, these conveniences come with complexities.
From maintaining confidentiality in non-secure environments to navigating multi-state licensure when working across borders, lawyers now face ethical dilemmas unique to the digital space. The traditional ethical rules—centered on physical presence and face-to-face interactions—often fail to account for the challenges posed by digital communication and remote work tools.
Confidentiality and Client Privacy in a Remote World
One of the most pressing concerns is protecting client confidentiality. In the office, law firms can control who has access to sensitive information. At home or in co-working spaces, that control becomes more difficult.
Are conversations happening in a private room? Are digital files stored securely on encrypted systems? Are lawyers using personal or unsecured devices for client communication? These questions, once peripheral, are now central to the ethical responsibilities of practicing attorneys.
Attorneys must take proactive steps to secure digital channels and educate clients on the limits of online confidentiality. The ABA Model Rule 1.6 regarding the protection of client information still applies—but the execution now requires technical competence.
Jurisdictional Issues and Unauthorized Practice
Remote work also blurs the lines of geography. Attorneys living in one state and handling cases in another may inadvertently cross into the territory of unauthorized practice of law. This is particularly tricky when advising clients or appearing virtually in courts outside a lawyer’s licensed jurisdiction.
Many state bar associations are still scrambling to clarify their positions. Some have issued temporary waivers or are considering rule updates to address the growing gray area. Until then, lawyers must tread carefully, maintaining awareness of each state’s rules and avoiding even the appearance of practicing without a license.
Professionalism and Remote Court Conduct
Courtroom decorum has always been a hallmark of legal professionalism. But what does that look like when the courtroom is a screen?
Reports of attorneys showing up to virtual hearings in casual clothing—or even from beds—have prompted courts to issue guidelines on attire and background settings. Beyond appearance, lawyers must remain aware of non-verbal cues, body language, and tone, all of which are harder to read and control over video.
In this context, professionalism becomes a matter not only of legal knowledge but of digital literacy and situational awareness.
The Role of Bar Associations and Legal Educators
As these challenges mount, bar associations and law schools are being called to act. Some are already offering CLEs on cybersecurity, remote advocacy skills, and cross-jurisdictional practice ethics. Others are exploring updates to official codes of conduct that account for digital realities.
There is also a push for standardizing remote court practices, especially as courts themselves adopt hybrid schedules that blend virtual and in-person appearances. Legal professionals are urging regulators to balance innovation with clarity—ensuring that new ethical rules keep pace with modern practice.
Toward a New Code of Conduct
While the core principles of legal ethics—competence, confidentiality, integrity—remain unchanged, the context in which they apply is evolving rapidly. A modernized ethical framework must recognize the nuances of practicing law in digital and remote environments.
That may include new guidelines on:
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Minimum tech standards for secure client communication
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Acceptable settings for remote hearings
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Procedures for verifying client identity online
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Ethical considerations around outsourcing virtual legal tasks
Such standards would help eliminate ambiguity, promote trust, and ensure that lawyers remain accountable—even when practicing from afar.
Final Thoughts
Remote lawyering is here to stay. As the boundaries of the profession shift, so too must its ethical compass. Whether through updated model rules or new best practices, the legal community must respond with foresight and flexibility.
Because the question isn’t whether we can practice law remotely—it’s whether we can do so ethically, securely, and professionally.
