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                                         3 N.J.L. 1821
                                        September 19, 1994

                                        138 N.J.L.J. 286
                                        September 19, 1994

COMMITTEE ON ATTORNEY ADVERTISING

Appointed by the New Jersey Supreme Court

OPINION 19

Bona Fide Offices

    This opinion is occasioned by the Committee's recent consideration of a grievance concerning, among other things, a member of this bar's failure to maintain a bona fide office for the practice of law in this State, as required by R. 1:21-1. Although the matter resulted in a recommendation of private discipline after formal hearing, the Committee determined that given the pervasive nature of this problem, particularly in the southern part of the State, a formal advisory opinion was warranted.
    While associated with a Philadelphia law firm Respondent, who is admitted to the New Jersey and Pennsylvania bars, represented a client in a medical malpractice action. Although the matter was venued in a southern New Jersey county, and the firm had a New Jersey office, Respondent met with his clients and performed all legal work out of the firm's Philadelphia office.
    Respondent ultimately left the firm and opened his own practice in a small Pennsylvania suburb outside of Philadelphia. At his client's request, he was formally substituted in as counsel of record. At the time, Respondent did not have or intend to open a New Jersey office, although he did have an "arrangement" with a law firm in Camden County. His letterhead listed only a post office box in a different Pennsylvania suburb and his office telephone number. He did not open or maintain business or attorney trust accounts in an approved New Jersey financial institution or, as a Pennsylvania resident, file any forms designating the Clerk of the New Jersey Supreme Court as agent upon whom service of process may be made for all actions.
    Upon receiving a letter from the Committee inquiring as to the location of his New Jersey office and bank accounts, Respondent answered a classified advertisement in a newspaper of general circulation offering space to attorneys in need of a New Jersey bona fide office. After a brief discussion with the attorney who had placed the advertisement, Respondent rented space, sight unseen, for $250 per month. He also opened business and trust accounts in an approved New Jersey depository.
    Respondent's oral lease afforded him part-time usage of an office in a suite of offices occupied by the attorney who had placed the advertisement. Under the terms of the lease, Respondent had access to an empty office as needed and use of a receptionist, fax machine, coffee services, conference rooms, library and other such amenities. Secretarial services, photocopying and telephone lines were not included and were to be provided by Respondent. It was also his responsibility to contact the building's owner in order to have his name placed in the building directory and on the door to the suite. Respondent was not provided with a key to the building or suite of offices.


    On-site inspection by the Committee's investigator revealed that Respondent's name was not listed in the building's directory or on the door to the suite. The suite itself contained nothing to suggest Respondent maintained a presence there. Absent were office supplies, files, diplomas or personal belongings. The individual offices to which Respondent would have had access were empty or used for storage. The secretaries with whom the investigator spoke had never seen, and some had never heard of, Respondent.
    R. 1:21-1(a) provides, in pertinent part, as follows:
        Except as provided below, no person shall practice law in this State unless that person ... maintains a bona fide office for the practice of law in this State regardless of where the attorney is domiciled. For the purpose of this section, a bona fide office is a place where the attorney or a responsible person acting on the attorney's behalf can be reached in person and by telephone during normal business hours. A bona fide office is more than a maildrop, a summer home that is unattended during a substantial portion of the year, or an answering service unrelated to a place where business is conducted.

    In adopting this rule, the Supreme Court sought to protect the public from those attorneys unfamiliar with local substantive and procedural law due to sporadic and irregular practice of law in this State.
    Prior to 1969, the Court had required all attorneys practicing in New Jersey to be domiciliaries of the State. However, the source rule imposed an unnecessary burden upon those attorneys who maintained their law offices here but preferred to live in another state. A proposed alternative requirement, "regular attendance" at a law office in this State, was deemed unlikely to impair the policy of the source rule of "preventing occasional practice in this State by an attorney once admitted here but who has since moved to and practices in another state, losing his familiarity with the law and its development in this State." However, the alternative was, among other things, ambiguous, and would not necessarily have prevented practice in this State by an attorney whose principal offices were in a neighboring state but was present in a New Jersey office once or twice a week. Consequently, in lieu of domicile or "regular attendance," the version of the rule adopted as part of the 1969 revision simply required maintenance in this State of the attorney's principal law office.
    The rule was amended yet again in 1982 to conform with the Supreme Court's decision in In re Sackman, 90 N.J. 521 (1982). The amendment eliminated the principal office requirement and instead required domiciliaries and non-domiciliaries alike to maintain a bona fide office, as defined by the rule, in this State. However, the purpose of the rule remained the same: ensuring that New Jersey attorneys maintain sufficient contact and familiarity with New Jersey substantive and procedural law to serve their clients with competence, and remain accessible and accountable to their clients, opposing counsel, judges and other authorities in this State.
    Unfortunately, the current version of the rule does not fully define a bona fide office. Rather, other than stating that it is a "place where the attorney or a responsible person acting on the attorney's behalf can be reached in person or by telephone during normal business hours," it provides only minimum requirements by stating that it is something more than a "maildrop, summer home that is unattended during a substantial portion of the year, or an answering service unrelated to a place where business is conducted." Based upon its stated language and intent, the Committee has previously interpreted the rule as prohibiting arrangements whereby an attorney simply has access to another attorney's conference room, and the use of telephone switching technology which automatically forwards calls to a New Jersey number to a telephone line located outside this State.
    Without even so much as a desk the attorney may call his or her own, attendance will be infrequent at best. The host attorney's receptionist or secretaries will, as in the case giving rise to this opinion, presumably lack information about the attorney's whereabouts, schedule and cases, and be unable to contact him or her to obtain competent advice within a reasonable period of time. Lacking a working relationship with the attorney, they may also be hesitant or unwilling to accept service of process or any other documents. That being the case, they will not satisfy the rule's requirement that there be present in the office "a responsible person acting on the attorney's behalf ... ." Telephone switching technology will only serve to compound the problem.
    Clearly, in order to ensure that New Jersey attorneys maintain sufficient contact and familiarity with New Jersey substantive and procedural law to serve their clients with competence, and remain accessible and accountable to their clients, opposing counsel, judges and other authorities in this State, a more precise definition is necessary. Consequently, the Committee construes R. 1:21-1 to require that a bona fide office be a place where clients are met, files are kept, the telephone is answered, mail is received and a responsible person acting on the attorney's behalf can be reached during normal business hours.

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