Legal Considerations Around Remote Work Policies

Remote work, once seen as a stopgap during the pandemic, is now a mainstay of legal employment in 2025. Yet with this evolution comes a tangle of legal considerations. From tax liability and employment law compliance to data privacy and multijurisdictional practice, law firms must navigate a complex regulatory landscape when allowing lawyers and staff to work from anywhere. This article breaks down the major legal issues law firms must address in crafting effective and compliant remote work policies—and how law students and lateral candidates can navigate this environment with confidence.

Compliance Across State and National Lines

When lawyers work remotely from different states—or even different countries—employers must comply with that jurisdiction’s labor laws. This includes rules on minimum wage, overtime, leave policies, and worker classification. For instance, California requires reimbursement of reasonable business expenses for remote workers, including a portion of internet and phone costs source.

Similarly, Colorado has implemented strict employee monitoring regulations and notice requirements for remote work surveillance. Firms that fail to adapt their policies to local rules risk litigation and reputational damage.

Data Security and Confidentiality Risks

Remote work environments increase the risk of data breaches and confidentiality lapses. Law firms have a duty to protect client information under rules of professional conduct, and failing to secure communications—even over personal devices—can trigger disciplinary action.

Many firms are responding by mandating use of firm-managed VPNs, multi-factor authentication, and secure file-sharing platforms. In 2023, the American Bar Association revised Formal Opinion 498 to include specific expectations for maintaining confidentiality while working remotely.

Unauthorized Practice of Law (UPL) Concerns

If an attorney licensed in New York is working remotely from Texas but practicing New York law, are they violating Texas’s UPL rules? Maybe. Several jurisdictions, including Florida and Arizona, have issued ethics opinions clarifying that merely residing in a state without actively practicing that state’s law may not trigger UPL issues—but this is not universal.

Firms should include disclaimers in their remote work policies that specify the scope of permitted practice and consult with local bar authorities when necessary. Junior lawyers should also clarify their eligibility to work from particular jurisdictions during onboarding.

Tax Implications and Withholding Complexities

Firms employing remote workers in multiple states must handle state income tax withholding and track potential “nexus” triggers for corporate tax exposure. For example, hiring a remote employee in New Jersey may subject a firm to New Jersey state tax filings and labor audits, even if the firm has no office there.

According to Thomson Reuters, state tax compliance has become one of the top administrative burdens for HR and legal departments in 2025. Lateral attorneys negotiating remote arrangements should inquire about how their firm handles multistate payroll and reporting obligations.

Culture, Communication, and Retention

While not strictly legal, the erosion of workplace culture due to hybrid and remote work has legal implications—particularly when it comes to discrimination claims and equitable access to mentorship. Remote workers are more likely to feel excluded from informal learning opportunities and client exposure, which can later surface in lawsuits over bias or disparate treatment.

To reduce these risks, firms are investing in virtual onboarding programs, structured mentorship opportunities, and equity audits of promotion and evaluation systems.

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Remote work is here to stay, but the legal obligations it creates are anything but static. Law firms must stay ahead of shifting compliance landscapes and design clear, fair, and legally sound remote work policies. Law students and lateral candidates can distinguish themselves by understanding the issues involved, asking informed questions during interviews, and advocating for remote structures that balance flexibility with compliance and inclusion. In the new normal, legal savvy about workplace logistics is as critical as case law expertise.