Opinion 2142

Lawyer A was admitted to the WSBA in 1968 and resigned in lieu of disbarment, effective November 9, 2004, based on his conduct in failing to keep a client adequately informed about the status of a matter, failing to comply with trust-accounting rules, intentionally misappropriating client funds, making false and misleading statements in connection with a disciplinary investigation, and testifying falsely in a disciplinary deposition.

The inquiring lawyer is a member of a law firm occupying part of the same building in which A’s office is located. To separate A’s office (A is a part owner of the building in which the office is located) from the offices of the law firm, the law firm created a hallway, at great expense, which extends out into the main thoroughfare of the building. A door connected between the office of A and the law firm has been locked by the law firm to deny access to A. Specifically, the inquirer asks whether the locked door is sufficient to avoid the strictures of RPC 5.5(d)(2).

The committee opined that RPC 5.8(b)(2) requires that a lawyer shall not engage in the following with an individual who has resigned in lieu of disbarment: maintain an office for the practice of law in a room or office occupied or used in whole or in part by such an individual.

If the office of the resigned lawyer is maintained as a separate office the rule is not violated. As to the specifics of the arrangement created by the law firm, compliance depends upon the division created and the protections against improper access or use of the law office apace or the potential to mislead the public.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.