Bona-Fide Office Rule (NJ)

So it seems that after this past weekend’s seminar “ethics” have got the best of many of my readers.  I’ve said it many times before but I’ll restate it, “ethics regulations for lawyers often make it difficult to run an efficient and effective business.”  With that said, I’m NOT in favor of breaking ethics regulations.  But at the same time I’m not one to play things overly safe.

Thanks Terry for sending me the following excerpt which covers the bona-fide office rule in NJ:

1:21-1. Who May Practice; Appearance in Court

• … no person shall practice law in this State unless that person … maintains a bona fide office for the practice of law. For the purpose of this section, a bona fide office is a place where clients are met, files are kept, the telephone is answered, mail is received and the attorney or a responsible person acting on the attorney’s behalf can be reached in person and by telephone during normal business hours to answer questions posed by the courts, clients or adversaries and to ensure that competent advice from the attorney can be obtained within a reasonable period of time.

The statute is reasonably self-explanatory so let’s not read more into it.  Keep files at your office, have a “RESPONSIBLE PERSON” running the gig (yes, a receptionist can be responsible), and respond with “competent” advice in a “reasonable” period of time.  That did not translate into “answer your phone at all times between 9am and 5pm Monday through Friday and give advice to your clients, etc. IMMEDIATELY.”

But even after getting this blurb the the questions were still rolling in.  Can I have my calls forwarded since it’s technically OUTSIDE my office?  How can I have a PO Box if mail is to be received at my office?  Etc., etc. etc.

Look, there’s a level of common sense invovled in running your practice and balancing the operations of your practice with ethics regulations.  Leave the “what if” questions to your clients (trust me, they’ll have more than enough).  You focus on running an ethical practice through the use of good common sense (and a knowledge of what you can and can’t do).  It’s not that hard to avoid lying, cheating and stealing.  That’s basaically what ethics regulations do.  They keep your clients safe.  Focus your attention on the same end goal and it’s going to be tough to be in violation.

Camden Seminar This Saturday (5/9/09)

For those of you who are in the NJ/PA area this weekend I’m presenting a 4-hour seminar on starting and marketing a solo practice.  We are a few seats over capacity but I’ve been told that we can move to a bigger room if we have more people signing up.  If you’re interested just click HERE and keep an eye on your email in case we change rooms.