While lawyers who reside in New York don't need a physical office to practice, the court has ruled to uphold a 154-year-old requirement that all lawyers practicing in New York who are not permanent residents of the state must hold a New York office address. The ruling overturns a lower court decision that deemed the residency requirement to be unconstitutional under the privileges and immunities clause.

Protectionism allegations

The requirement has come under fire for its protectionist undertones and for the financial burden it places on non-resident lawyers to acquire and maintain an expensive office presence in New York while resident attorneys may use their homes. Both points were highlighted in a dissent by Judge Peter Hall, who accused the statute of having 'protectionist aims.' However, in delivering its majority decision, the court insisted that requiring a mandatory physical address in New York is essential for ensuring even footing between resident and non-resident lawyers practicing in the state, and 'does not unduly burden the non-resident.'

Source: Wall Street Journal