Can I practice remotely from Canada? Forum

[Anonymous User]

Not asking for legal or ethical advice so much as links to advice or similar experiences.

I'm a litigator at a firm in DC. I'm a member of the DC Bar and I live in Virginia. I basically work from home full time, although unofficially. I've reviewed the relevant opinions of the DC Bar and Virginia Bar to try to stay within them regarding cross-jurisdictional representation, i.e. I never will use my Virginia home address in any professional communication that might suggest I am Virginia barred. Easy stuff.

My partner has a job offer in Canada. We are seriously considering relocation if I will be permitted to continue working from there. I am struggling to find guidance about being physically located in Canada, as a US-barred attorney, working remotely on US cases via a US law firm. Does anyone know of any such guidance or have similar experiences?

I am aware that my firm may have concerns here, in particular if there are tax implications - I don't know anything about tax so would be open to getting thoughts on this issue as well. (I do not need feedback about my viability for a Canadian permanent residence visa as I have fortunate personal circumstances there.)

[Anonymous User]

Not asking for legal or ethical advice so much as links to advice or similar experiences.

I'm a litigator at a firm in DC. I'm a member of the DC Bar and I live in Virginia. I basically work from home full time, although unofficially. I've reviewed the relevant opinions of the DC Bar and Virginia Bar to try to stay within them regarding cross-jurisdictional representation, i.e. I never will use my Virginia home address in any professional communication that might suggest I am Virginia barred. Easy stuff.

My partner has a job offer in Canada. We are seriously considering relocation if I will be permitted to continue working from there. I am struggling to find guidance about being physically located in Canada, as a US-barred attorney, working remotely on US cases via a US law firm. Does anyone know of any such guidance or have similar experiences?

I am aware that my firm may have concerns here, in particular if there are tax implications - I don't know anything about tax so would be open to getting thoughts on this issue as well. (I do not need feedback about my viability for a Canadian permanent residence visa as I have fortunate personal circumstances there.)

I don't think there are any bar issues. But I think there are tax issues. You should talk to your firm and a tax lawyer.

[Anonymous User]

Not asking for legal or ethical advice so much as links to advice or similar experiences.

I'm a litigator at a firm in DC. I'm a member of the DC Bar and I live in Virginia. I basically work from home full time, although unofficially. I've reviewed the relevant opinions of the DC Bar and Virginia Bar to try to stay within them regarding cross-jurisdictional representation, i.e. I never will use my Virginia home address in any professional communication that might suggest I am Virginia barred. Easy stuff.

My partner has a job offer in Canada. We are seriously considering relocation if I will be permitted to continue working from there. I am struggling to find guidance about being physically located in Canada, as a US-barred attorney, working remotely on US cases via a US law firm. Does anyone know of any such guidance or have similar experiences?

I am aware that my firm may have concerns here, in particular if there are tax implications - I don't know anything about tax so would be open to getting thoughts on this issue as well. (I do not need feedback about my viability for a Canadian permanent residence visa as I have fortunate personal circumstances there.)

This is not legal advice.

Canadian here called in the US. I would love to work for a US firm and live in Canada - take advantage of the wage difference and exchange rates. Unless you work for a firm like PW or Skadden that has a Toronto office, I think the tax implications would be difficult for the firm. As a Canadian permanent resident, your employer would have to pay certain employment taxes, at the very least, if not income taxes related to the work completed in Canada, in Canada. I assume firms would be hesitant to become taxpayers in another jurisdiction.

[Anonymous User]

Not asking for legal or ethical advice so much as links to advice or similar experiences.

I'm a litigator at a firm in DC. I'm a member of the DC Bar and I live in Virginia. I basically work from home full time, although unofficially. I've reviewed the relevant opinions of the DC Bar and Virginia Bar to try to stay within them regarding cross-jurisdictional representation, i.e. I never will use my Virginia home address in any professional communication that might suggest I am Virginia barred. Easy stuff.

My partner has a job offer in Canada. We are seriously considering relocation if I will be permitted to continue working from there. I am struggling to find guidance about being physically located in Canada, as a US-barred attorney, working remotely on US cases via a US law firm. Does anyone know of any such guidance or have similar experiences?

I am aware that my firm may have concerns here, in particular if there are tax implications - I don't know anything about tax so would be open to getting thoughts on this issue as well. (I do not need feedback about my viability for a Canadian permanent residence visa as I have fortunate personal circumstances there.)

This is not legal advice.

Canadian here called in the US. I would love to work for a US firm and live in Canada - take advantage of the wage difference and exchange rates. Unless you work for a firm like PW or Skadden that has a Toronto office, I think the tax implications would be difficult for the firm. As a Canadian permanent resident, your employer would have to pay certain employment taxes, at the very least, if not income taxes related to the work completed in Canada, in Canada. I assume firms would be hesitant to become taxpayers in another jurisdiction.

I figured this was the case on the tax front. I’ll have to ask around.

I hadn’t considered looking specifically for a firm with a Canadian office, although I wonder if I joined that firm and office, would I need to become authorized to practice Canadian law? I had envisioned an exclusively US practice on nationwide US cases (with pro hac vice appearances), just with me happening to sit in an office in a house in Ontario or BC when I’m writing the briefs. If it matters my partner’s offer is to join an office in either Toronto or Vancouver.

[Anonymous User]

In addition to tax, some jurisdictions (no idea about Canada/provinces) have a rule against practising foreign law if you are not locally barred, worth checking.

[Anonymous User]

Not asking for legal or ethical advice so much as links to advice or similar experiences.

I'm a litigator at a firm in DC. I'm a member of the DC Bar and I live in Virginia. I basically work from home full time, although unofficially. I've reviewed the relevant opinions of the DC Bar and Virginia Bar to try to stay within them regarding cross-jurisdictional representation, i.e. I never will use my Virginia home address in any professional communication that might suggest I am Virginia barred. Easy stuff.

My partner has a job offer in Canada. We are seriously considering relocation if I will be permitted to continue working from there. I am struggling to find guidance about being physically located in Canada, as a US-barred attorney, working remotely on US cases via a US law firm. Does anyone know of any such guidance or have similar experiences?

I am aware that my firm may have concerns here, in particular if there are tax implications - I don't know anything about tax so would be open to getting thoughts on this issue as well. (I do not need feedback about my viability for a Canadian permanent residence visa as I have fortunate personal circumstances there.)

This is not legal advice.

Canadian here called in the US. I would love to work for a US firm and live in Canada - take advantage of the wage difference and exchange rates. Unless you work for a firm like PW or Skadden that has a Toronto office, I think the tax implications would be difficult for the firm. As a Canadian permanent resident, your employer would have to pay certain employment taxes, at the very least, if not income taxes related to the work completed in Canada, in Canada. I assume firms would be hesitant to become taxpayers in another jurisdiction.

I figured this was the case on the tax front. I’ll have to ask around.

I hadn’t considered looking specifically for a firm with a Canadian office, although I wonder if I joined that firm and office, would I need to become authorized to practice Canadian law? I had envisioned an exclusively US practice on nationwide US cases (with pro hac vice appearances), just with me happening to sit in an office in a house in Ontario or BC when I’m writing the briefs. If it matters my partner’s offer is to join an office in either Toronto or Vancouver.

From my minimal understanding, the PW and Skadden offices in Toronto don't actually practice Canadian law - in the same way a lot of the Canadian firms in NYC don't practice US law. Might be worth randomly trying to find someone through LinkedIn who works in one of those offices.

I'm not sure what other US firms have a presence in Toronto, but I don't think any have a Vancouver presence. The Vancouver legal market is pretty small, even for Canadian standards.

[Anonymous User]

Not asking for legal or ethical advice so much as links to advice or similar experiences.

I'm a litigator at a firm in DC. I'm a member of the DC Bar and I live in Virginia. I basically work from home full time, although unofficially. I've reviewed the relevant opinions of the DC Bar and Virginia Bar to try to stay within them regarding cross-jurisdictional representation, i.e. I never will use my Virginia home address in any professional communication that might suggest I am Virginia barred. Easy stuff.

My partner has a job offer in Canada. We are seriously considering relocation if I will be permitted to continue working from there. I am struggling to find guidance about being physically located in Canada, as a US-barred attorney, working remotely on US cases via a US law firm. Does anyone know of any such guidance or have similar experiences?

I am aware that my firm may have concerns here, in particular if there are tax implications - I don't know anything about tax so would be open to getting thoughts on this issue as well. (I do not need feedback about my viability for a Canadian permanent residence visa as I have fortunate personal circumstances there.)

This is not legal advice.

Canadian here called in the US. I would love to work for a US firm and live in Canada - take advantage of the wage difference and exchange rates. Unless you work for a firm like PW or Skadden that has a Toronto office, I think the tax implications would be difficult for the firm. As a Canadian permanent resident, your employer would have to pay certain employment taxes, at the very least, if not income taxes related to the work completed in Canada, in Canada. I assume firms would be hesitant to become taxpayers in another jurisdiction.

I figured this was the case on the tax front. I’ll have to ask around.

I hadn’t considered looking specifically for a firm with a Canadian office, although I wonder if I joined that firm and office, would I need to become authorized to practice Canadian law? I had envisioned an exclusively US practice on nationwide US cases (with pro hac vice appearances), just with me happening to sit in an office in a house in Ontario or BC when I’m writing the briefs. If it matters my partner’s offer is to join an office in either Toronto or Vancouver.

From my minimal understanding, the PW and Skadden offices in Toronto don't actually practice Canadian law - in the same way a lot of the Canadian firms in NYC don't practice US law. Might be worth randomly trying to find someone through LinkedIn who works in one of those offices.

I'm not sure what other US firms have a presence in Toronto, but I don't think any have a Vancouver presence. The Vancouver legal market is pretty small, even for Canadian standards.

I know DLA Piper and NRF are in Vancouver. Not sure about what else but Toronto would definitely be bigger. LinkedIn is a good idea to get some perspective since I don’t have any connections to folks in Canada - thanks.

[Anonymous User]

Not asking for legal or ethical advice so much as links to advice or similar experiences.

I'm a litigator at a firm in DC. I'm a member of the DC Bar and I live in Virginia. I basically work from home full time, although unofficially. I've reviewed the relevant opinions of the DC Bar and Virginia Bar to try to stay within them regarding cross-jurisdictional representation, i.e. I never will use my Virginia home address in any professional communication that might suggest I am Virginia barred. Easy stuff.

My partner has a job offer in Canada. We are seriously considering relocation if I will be permitted to continue working from there. I am struggling to find guidance about being physically located in Canada, as a US-barred attorney, working remotely on US cases via a US law firm. Does anyone know of any such guidance or have similar experiences?

I am aware that my firm may have concerns here, in particular if there are tax implications - I don't know anything about tax so would be open to getting thoughts on this issue as well. (I do not need feedback about my viability for a Canadian permanent residence visa as I have fortunate personal circumstances there.)

This is not legal advice.

Canadian here called in the US. I would love to work for a US firm and live in Canada - take advantage of the wage difference and exchange rates. Unless you work for a firm like PW or Skadden that has a Toronto office, I think the tax implications would be difficult for the firm. As a Canadian permanent resident, your employer would have to pay certain employment taxes, at the very least, if not income taxes related to the work completed in Canada, in Canada. I assume firms would be hesitant to become taxpayers in another jurisdiction.

I figured this was the case on the tax front. I’ll have to ask around.

I hadn’t considered looking specifically for a firm with a Canadian office, although I wonder if I joined that firm and office, would I need to become authorized to practice Canadian law? I had envisioned an exclusively US practice on nationwide US cases (with pro hac vice appearances), just with me happening to sit in an office in a house in Ontario or BC when I’m writing the briefs. If it matters my partner’s offer is to join an office in either Toronto or Vancouver.

From my minimal understanding, the PW and Skadden offices in Toronto don't actually practice Canadian law - in the same way a lot of the Canadian firms in NYC don't practice US law. Might be worth randomly trying to find someone through LinkedIn who works in one of those offices.

I'm not sure what other US firms have a presence in Toronto, but I don't think any have a Vancouver presence. The Vancouver legal market is pretty small, even for Canadian standards.

I know DLA Piper and NRF are in Vancouver. Not sure about what else but Toronto would definitely be bigger. LinkedIn is a good idea to get some perspective since I don’t have any connections to folks in Canada - thanks.

Dentons has a big Canadian presence

[Anonymous User]

PW, Skadden, and Shearman all have Toronto offices, but they only do CM, M&A, and finance. They strictly practice NY law and get the NY market salary, but they need to be foreign legal advisors (pretty much filling out a form with the Law Society of Ontario).

Firms without offices in Canada usually don't allow doing US law remotely from Canada. Many colleagues in your situation get barred in Canada, take a haircut on their salary, and go to a top Canadian firm. Canadian firms love American lawyers and it's generally easier to make partner in Canada.

[Anonymous User]

Not asking for legal or ethical advice so much as links to advice or similar experiences.

I'm a litigator at a firm in DC. I'm a member of the DC Bar and I live in Virginia. I basically work from home full time, although unofficially. I've reviewed the relevant opinions of the DC Bar and Virginia Bar to try to stay within them regarding cross-jurisdictional representation, i.e. I never will use my Virginia home address in any professional communication that might suggest I am Virginia barred. Easy stuff.

My partner has a job offer in Canada. We are seriously considering relocation if I will be permitted to continue working from there. I am struggling to find guidance about being physically located in Canada, as a US-barred attorney, working remotely on US cases via a US law firm. Does anyone know of any such guidance or have similar experiences?

I am aware that my firm may have concerns here, in particular if there are tax implications - I don't know anything about tax so would be open to getting thoughts on this issue as well. (I do not need feedback about my viability for a Canadian permanent residence visa as I have fortunate personal circumstances there.)

This is not legal advice.

Canadian here called in the US. I would love to work for a US firm and live in Canada - take advantage of the wage difference and exchange rates. Unless you work for a firm like PW or Skadden that has a Toronto office, I think the tax implications would be difficult for the firm. As a Canadian permanent resident, your employer would have to pay certain employment taxes, at the very least, if not income taxes related to the work completed in Canada, in Canada. I assume firms would be hesitant to become taxpayers in another jurisdiction.

I figured this was the case on the tax front. I’ll have to ask around.

I hadn’t considered looking specifically for a firm with a Canadian office, although I wonder if I joined that firm and office, would I need to become authorized to practice Canadian law? I had envisioned an exclusively US practice on nationwide US cases (with pro hac vice appearances), just with me happening to sit in an office in a house in Ontario or BC when I’m writing the briefs. If it matters my partner’s offer is to join an office in either Toronto or Vancouver.

From my minimal understanding, the PW and Skadden offices in Toronto don't actually practice Canadian law - in the same way a lot of the Canadian firms in NYC don't practice US law. Might be worth randomly trying to find someone through LinkedIn who works in one of those offices.

I'm not sure what other US firms have a presence in Toronto, but I don't think any have a Vancouver presence. The Vancouver legal market is pretty small, even for Canadian standards.

I know DLA Piper and NRF are in Vancouver. Not sure about what else but Toronto would definitely be bigger. LinkedIn is a good idea to get some perspective since I don’t have any connections to folks in Canada - thanks.

Dentons has a big Canadian presence

The difference with these firms is that they act much more like local Canadian firms. I don't think there is much, if any, cross-border work from my understanding. If one were to work in the Vancouver office of DLA Piper/NRF/Dentons, you wouldn't be able to be paid US Salary. Also, with those firms, from my understanding, those are separate Canadian entities that practise solely within Canada and share branding.