May a patent lawyer lease desk space for a branch office in a suite occupied by an insurance and real estate broker?

Plain-English summary

A member proposed opening a branch office by leasing desk space in a suite of offices maintained by an insurance and real estate broker. He would use the broker's secretary for telephone answering and as a receptionist, but maintain a separate telephone, separately listed under a different number than the broker's. His practice was limited to patent, trademark, copyright, and unfair competition matters, none related to or involving real estate transactions. He would place his firm name on the street-facing window with a "Patent Attorneys" designation, separate and apart from the broker's designation, and would handle client interviews at the branch only by appointment until he could establish a full-time associate there.

A majority of the committee found no impropriety in the course suggested, and that it would not be unethical so long as the real estate and insurance business was not used as a "feeder" for the law practice and the practice continued to be limited as it was. The committee added the suggestion that it would be desirable for client interviews to be conducted in a private office if one was available.

Currency note

This opinion was issued in 1961, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. The opinion applied former Canon 27 of the Canons of Professional Ethics; a lawyer's office-sharing arrangements with a nonlawyer business and the use of such a business as a feeder are now addressed by Rules 4-5.4 and 4-5.7 of the Rules Regulating The Florida Bar (Model Rules 5.4 and 5.7). Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.

Common questions

Q: Could the patent lawyer use the broker's secretary and receptionist?

A: Yes, on the facts presented. The majority found no impropriety, given a separately listed telephone, a separate window designation, and a practice kept distinct from the broker's business.

Q: What conditions did the committee attach?

A: The broker's business could not be used as a "feeder" for the law practice, and the lawyer's practice had to remain limited as described. The committee also suggested conducting client interviews in a private office where available.

Background and rules framework

The opinion applied former Canon 27 of the Canons of Professional Ethics. A lawyer's office-sharing arrangements with a nonlawyer business are now addressed by Rules 4-5.4 and 4-5.7 of the Rules Regulating The Florida Bar (Model Rules 5.4 and 5.7). The committee's analysis turned on keeping the law practice separate from the broker's business and on the broker's business not being used to feed legal work to the lawyer.

Citations and references

Rules of Professional Conduct:

• Canon 27 [Canons of Professional Ethics; see current Rules 4-5.4, 4-5.7]

See also

• FL Bar Ethics Op. 61-9: Sharing an Office With a CPA
• FL Bar Ethics Op. 66-57: Nonlawyer Arbitrator Sharing Office and Door Listing
• FL Bar Ethics Op. 64-38: Office in a Corporate Client's Claims Department

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-60-37/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-60-37-1.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 60-37
May 15, 1961
Advisory ethics opinions are not binding.
There is no impropriety in a lawyer whose practice is limited to patent, trademark, copyright, and unfair competition matters retaining space in a suite occupied by an insurance and real estate broker for the operation of a branch law office as long as appropriate measures are taken to keep the law practice entirely separate from the business of the broker and the latter is not used to "feed" the law practice.
Canon: 27
Chairman Holcomb stated the opinion of the committee:
A member of The Florida Bar submits an inquiry in which he states that he contemplates opening a branch office and leasing a desk space in a suite of offices maintained by an insurance and real estate broker, utilizing his secretary for telephone answering and for a receptionist, maintaining a separate telephone, separately listed under a different number than the broker's. His practice is limited to patent, trademark, copyright and unfair competition matters, none of which is related to or involves real estate transactions. He will place his firm name on the window facing the street, with a designation of "Patent Attorneys" in an appropriate size, separate and apart from the designation employed by the broker. He will handle client interviews in this branch office only by appointment until such time as he can establish a full time associate in the office.
Based on his statements as above, a majority of the Committee feel there is no impropriety in the course suggested and that it would not be unethical so long as the real estate and insurance business is not used as a "feeder" for his law practice and his practice continues to be limited as it is at present. We would suggest the desirability, however, of client interviews being conducted in a private office if one is available.