Advisory Opinion:
1922
Year Issued:
2000
RPC(s):
RPC 1.6; 1.8(a); 5.3; 5.4(a); 5.4(b)
Subject:
The hiring out by a law firm of nonlawyer staff to other law firms
[Editor's Note; Ethics inquiry #1922 concerns the hiring out of non-lawyer computer and information technology employees as consultants to other law firms.]
The Committee has reviewed your inquiry and determined the following:
The inquiring law firm wrote that several of its non-lawyer employees are skilled in computer and information technology. Other law firms are interested in hiring these employees for their administrative projects. The inquiring firm would like to provide the services of its computer information and technology employees to other firms for profit to the inquiring firm.
The committee opined that it would be permissible under the Rules of Professional Conduct for the inquiring firm to hire out to other firms computer and information technology employees of the inquiring firm, for profit, provided that the inquiring firm complies with RPC 5.4(a) and (b), 5.3 and 1.8(a). RPC 5.3 requires the inquiring firm to put in place measures giving reasonable assurance that its computer and information employees maintain confidences under RPC 1.6 and, more generally, to insure that their conduct is consistent with the professional obligations of lawyers in the firm. Confidentiality and non-disclosure agreements, mentioned in the inquirer’s second question, are among the steps that the inquiring firm may take to address confidentiality in the context of RPC 5.3. However, the committee does not opine on the adequacy of these measures under the Rules of Professional Responsibility. Because the third and fourth questions are predicated on a negative response to the first question, the committee does not consider them. Finally, the committee offers no opinion based on the inquiry as to the obligations of the hiring firm.
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