What Contact Information Must a Non-Traditional Law Firm Provide?

By Steph Kimbro

As more law firms in North Carolina open with non-traditional structures, the question of residency requirements, bona fide office rules and providing accessible contact information for the firm keeps coming up.  What are the NC requirements for these non-traditional firms to provide prospective & existing clients with contact information? 

Issues surrounding residency requirements and bona fide office rules have arisen publically in the past couple of years in several other states, most notably in New Jersey and New York. New Jersey’s State Bar issued a Joint Opinion in the spring of 2010 in which they discussed their bona fide office rule requiring even home-based law offices to provide a physical office address for clients and prospective clients. (http://www.judiciary.state.nj.us/notices/2010/n100326a.pdf)   Schoenefeld v. New York, a federal court opinion published on February 8, 2010, found that an attorney licensed in three states, including New York, was not unconstitutionally discriminated against by the New York residency requirements when she wanted to operate a non-traditional firm. (http://www.law.com/jsp/article.jsp?id=1202443103039&slreturn=1&hbxlogin=1)

While North Carolina has an ethics opinion permitting the operation of virtual law offices (North Carolina State Bar, Formal Op. 10 (2005).), there is still some question about what information a firm with a virtual law office or other non-traditional office location, must provide on its website to comply with the existing rules and regulations for attorney advertising.  

Rule 7.2(c) of the NC Rules of Prof. Responsibility requires that attorneys include the name and office address of at least one attorney or the law firm in any advertising. The rule states that it must be a physical office address. In August of 2003, an unpublished, informal ethics advisory letter from the State Bar clarifies the situation when the attorney works from home and does not want to disclose that address.  The informal advisory letter states that the requirement applies to an “active quest” for clients through an advertisement. Firm letterhead & business cards used in the ordinary course of communicating with clients are not the same as letters sent out soliciting new clients. Therefore, the rule of including the physical address does not apply in those situations where the firm’s activities do not constitute direct solicitation. 

The informal advisory letter does not discuss websites and what contact information must be provided to the public through them.  However, this is the opinion that was provided to me when I asked the question about whether a virtual law office or other non-traditional firm structure would have to include a physical office address on their website or if a PO Box or email address would be enough. 

At the heart of this rule is the need to provide clients and the courts with a way to contact the attorney involved in a case and to prevent the misleading of prospective clients.  With these non-traditional firm structures, most of which are heavily dependent upon technology, there are other ways to ensure that these concerns are met.  For example, I have a PO Box address listed in the Terms of Use on my virtual law office site which is also used as the text for the registration process for prospective clients. "Because we are a virtual law practice, we would prefer that you provide your information to us using the technology provided for you on your personal client login page. However, if this is not possible and we require further information in order to review your legal matter, our mailing address is P.O. Box X, City, NC, Zipcode." Additionally, to avoid claims of UPL in other jurisdictions, throughout the site, I have stated that NC is the only jurisdiction where I am licensed to practice law. I also make it clear the nature of the services I provide online and how they are unbundled, so that prospective clients know that I do not meet with them face to face or maintain traditional 9-5 business hours.  Keep in mind as well that the prospective clients to this type of firm are actively seeking online or nontraditional legal services in the first place.

As more NC law firms go virtual and more solos work from home or shared office spaces to cut costs, this issue will continue to come up. Fortunately, with careful planning of the firm’s website, the risk of noncompliance with advertising rules should be easily minimized.