Opinion 1793

[A lawyer renting space from a law firm wishes to represent a client adverse to a client of the law firm. The lawyer employs his own secretary, but the law firm answers the lawyer's separate phone line. The lawyer and law firm share common areas. The lawyer's files are stored separately from the firm's, but the storage areas are not locked.] The Committee researched and reviewed your inquiry concerning office sharing and conflict of interest and determined that in the situation described, the RPCs do not prohibit a tenant lawyer from representing clients with interests adverse to his landlord's, with the understanding that the two businesses are separate and apart, the tenant has no interest in the landlord's business and vice versa. Caution should be exercised in this type of arrangement to protect client confidences and secrets required by RPC 1.6. In addition, in light of the landlord/tenant relationship, the tenant lawyer will be required to comply with RPC 1.7(b) and obtain written consent from his/her client.

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.