Monday, December 16, 2013

The (Non) Office

The Delaware Supreme Court has imposed a two-year suspension of an attorney who, among other violations, had failed to maintain a bona fide office for the practice of law in the state.

The court rejected the suggestion that the attorney's office --which was essentially an address for mail that he could use for meetings by paying the landlord additional fees -- was a bona fide office.

In response to his contention that he was "reachable by phone" at the address, the court held

The Rule requires that the office "be a place where the attorney or a responsible person acting on the attorney's behalf can be reached in person or by telephone," and have "the costomary facilities for engaging in the practice of law."

The court also rejected the contention that the bona fide office rule created an unconstitutional residency requirement and violated the commerce clause.

The attorney had also made misrepresentations about the office and violated record keeping obligations. (Mike Frisch)

Bar Discipline & Process | Permalink

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