Solo Seeks To Challenge Archaic Bonafide Office Rules at the Supremes

By Julie A. Chambers, Chambers Law Office LLC

An interesting case out of New York just got a bit more interesting, as Ekaternina Schoenefeld filed a petition for writ of certiorari with the US Supreme Court in Schoenefeld v. State of New York. She is challenging a New York rule that requires attorneys who are admitted to practice in New York but do not live in New York to have a physical office in New York, while attorneys who do live in New York are permitted to work from home or maintain virtual office space. She won at the district court level, but that decision was overturned by the Second Circuit. Now, she is hoping to go all the way to the Supreme Court.

While the case doesn’t directly affect lawyers here in Indiana, it does show how solos and small firms are sometimes overlooked by state bars. Having to maintain an office in New York wouldn’t be a problem for a large firm based in New Jersey, but for a solo, it could mean not being able to practice in New York at all. However, it also demonstrates that solos and small firms are just as capable at seeing an injustice and fighting to fix it, whether that is a rule that limits our practice, such as in this case, or fighting for the rights of our clients. Read more about the case here.

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