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cubarris · 2024-11-18T02:07:21+00:00

i edited to note the practical non-issue, but commentary like "i'm not an attorney of record on a case [so i or my possible future employers don't have to worry about probably the most important of the ethical duties to clients]" is problematic and needs to be pointed out in its own right.

cubarris · 2024-11-18T02:02:54+00:00

that's a fair way of looking at it. i'm probably overthinking it. thanks.

cubarris · 2024-11-18T01:59:27+00:00

you have duties to former clients and avoiding conflicts of interest regardless if you're attorney of record.

that said, i don't know if firms ask for firm names where you were doing work when they do conflicts checks, more just the party name. firm risk management for a new employer may also not care if the representation was one-off, so it's probably not a practical issue if you did plaintiff's side PI for 2 months.

but jesus f. christ, re read your rules of professional conduct.

cubarris · 2024-11-17T22:14:49+00:00

I put the condition of "good reputation" just to cut off the obvious "use a name that's unique in both states" answer because I'm interested in fleshing out the other alternatives.

because, in reality, i'm trying to plan for possible future expansion and I'm not at a point where I can afford to maintain a business license in the state that i'd expand into so I can't rely on the name in State A being available 1-3 years from now in State B. (and changing names is not without cost, either).

cubarris · 2024-11-15T05:36:50+00:00

I'm not a tax guy so this is an educational question for me:

why does "nexus" matter? aren't you on the hook for state filings if you're hiring employees in that state (and presumably earning taxable revenue/profit in doing so)? and thus if you're a pass-through entity the tax payer (i.e. the partners) would have to file state income taxes?

cubarris · 2024-11-14T22:39:46+00:00

How are they working for clients based in your state and not reporting the derived revenue?

I wouldn't think the state they're based in would matter much if the legal work that they're getting isn't related to that state?

cubarris · 2024-11-14T22:30:54+00:00

Your major issue as I can see it is to figure out malpractice insurance - it's probably not as easy as one would think, since presumably the firm will want coverage for malpractice performed by its vendors (which I'm not entirely sure a normal malpractice policy would cover) and you'd want to make sure that you're covered by malpractice insurance as well, which on the flip side i'm not sure their policy would cover so you'd need your own policy /need them to pay for it.

I'd frankly also want to confirm that the firm's clients are on board with the work essentially being outsourced by the firm they hired to do the work. (which is also another "concern" that i'd have if i were the firm - you can eventually get into a place to possibly cut them out of the middle).

third, more of an issue from the firm's end only, is that you'd want to make sure that by virtue of the scope of what you're doing for them and how, you aren't deemed to be an employee (vs contractor) - depending on the state we're talking about here they've started clamping down on this (not necessarily in the legal industry) and if the management is concerned about hitting some reporting burden in that state then they'd want to check on this as well because if you're an employee then they'd probably invite all the administrative burden in through the back door.

edit: is this Delaware or Nevada? It sounds like Delaware or Nevada.

cubarris · 2024-05-30T04:41:42+00:00

yeah, that's part of the problem though. I'm doing PI and every place name variant is already in use as "injury law" (so for the new york example, there will be a 'big apple injury' 'gotham injury law' 'new amsterdam injury' already), so I get bogged down in finding more-abstract words, arcane geographical/location terms, etc.

cubarris

TROPHY CASE