Who Are You?

• Date: 01 January 2022
• Author: Lindsay Sestile

Published in Litigation News Volume 47, Number 2, Winter 2022. © 20 22 by the American Bar A ssociation. Repro duced with permissio n. All rights reser ved. This informati on or any portion the reof may not be copie d or disseminated in any

form or by any means or sto red in an electronic da tabase or retrieval sy stem without the ex press writt en consent of the Amer ican Bar Associatio n.

Who Are You?

What is your professional identity?

Dierentiating professional identity from pro-

fessionalism, 2C ivility’s Kendra Abercrombie

notes the latter relates to adherence to the rules

of professional responsibility while the former

centers around our individual decisions that ul-

timately form the basis for who we are as lawyers.

According to Abercrombie, lawyers should carefully cu-

rate their professional identities; she suggests asking your-

self three questions: (1) When was the last time you showed up

as your authentic self? Don’t try to be someone else; to connect with

clients and colleagues, focus on who you are and who you want to be. (2) What does it

mean to be a lawyer? Even though you likely self-identify as one when introducing your-

self, what do you do each day? Being specif‌ic about your role in the legal system helps

def‌ine your professional identity. (3) How have you positioned yourself in the legal com-

munity? Your professional identity is also formed in your community. Engaging in bar as-

sociation activities and pro bono work will help you demonstrate your character, connect

with others, and solidify your professional identity within the legal f‌ield.

http://bit.ly/LN472-pn1

Ethics of Remote Work

As the COVID-19 p andemic persists, sever al bar associations

have wrestled with how to add ress remote work ethics. Laure n

Maier of Legal Ethic s Advisor reviewed Ethics Opinion 202 1-1

from the Bar Ass ociation of San Francisco, which a ddressed

two dierent sce narios. First, are lawyers l icensed to prac-

tice outside Ca lifornia but working remotely fro m the state

engaged in the u nauthorized practice of law? Conver sely,

are California -licensed lawyers perm itted to work remotely

outside the sta te? In the f‌irst scenario, the bar ass ociation

concluded rem ote work is permissible provided a l awyer

does not “adverti se or otherwise hold himsel f or herself out

as a licensed Ca lifornia lawyer, does not establi sh an oce or

other systematic o r continuous presence for the p ractice of

law in California , and does not represent a C alifornia person

or entity[.]” In the second sce nario, however, the answer is not

as clear-cut and “dep ends on the law of the jurisdicti on where

Lawyer is residin g.” The opinion requires law yers to analyze

and adhere to state a nd local practice rules wh ere they work

remotely and reinfo rces that California-lice nsed lawyers

remain bound by C alifornia’s rules as well. Notin g that this

stance falls in l ine with ethics opinions issue d by the ABA and

several states, an d in light of the evolution of pandemi c prac-

tice, Maier expe cts other state bar associati ons to follow suit.

http://bit.ly/LN472-pn2

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