Advisory Opinion:
1761
Year Issued:
1997
RPC(s):
RPC 1.6; 5.4; 5.5(b); 7.1; 7.2(c); 7.3; 7.5
Subject:
Sharing office space with nonlawyers; referrals from nonlawyers
Your inquiry contained the following questions: (1) Does sharing office space, a receptionist, common areas and a copy machine with a non-profit organization of nonlawyers, when the offices of the lawyers are interspersed within the offices of the nonlawyers foster an unethical appearance of affiliation between lawyers and nonlawyers? (2) Does the proximity of separate but adjoining offices with a doorway that allows for the sharing of a receptionist and a copy machine with the non-profit organization foster an unethical appearance of affiliation between lawyers and nonlawyers? and, (3) In the situations above, do lawyers violate RPC 7.3 by accepting referrals from the non-profit organization of nonlawyers?
It was the Committee's opinion that under the RPCs, lawyers may share office space with other independent lawyers as well as nonlawyers. A lawyer who shares office space with a nonlawyer must identify and maintain his or her office as a completely separate and distinct entity. Precautions must be taken to prevent any confusion or misleading identity or appearance of a relationship where none exists or where a relationship is improper. Precautions must be taken to preserve client confidentiality. In response to question (3): A nonlawyer who shares office space with a lawyer may refer business to the lawyer. However, the lawyer may not give anything of value for the referral, and the nonlawyer may not become a feeder for the lawyer's business. You are cautioned not to violate RPC 1.6, 5.4, 5.5(b), 7.1, 7.2(c), 7.3 and 7.5. Specifically, in response to question (1): The proposed scenario one does not meet the "separate and distinct" criteria and may also violate the other RPCs listed. In response to question (2): The proposed scenario appears to be appropriate if the foregoing principles and RPCs are followed.
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