Can a Florida law firm rent office space to a nonlawyer arbitrator and list the arbitrator's name on the office door?

Plain-English summary

A professional arbitrator with a principal office in another state, who was a member of that state's bar but not engaged in the practice of law and not admitted in Florida, wanted to rent space in a Florida firm's office for occasional use when acting as an arbitrator in Florida. The firm asked whether it could place on the office door, below and distinguished from its own names, a legend reading "AB, Arbitrator and Impartial Chairman, Not a Member of The Florida Bar." No reference to the arbitrator would be made in answering the telephone or on the firm stationery.

The committee said that although sharing office space with a nonlawyer is not to be encouraged, the proposed arrangement was not proscribed by the canons so long as the door listing was physically arranged to avoid any misleading suggestion that the arbitrator was connected with the firm. It added that if the listing was clearly separate, the words "Not a Member of The Florida Bar" were unnecessary because that legend might itself suggest a lawyer relationship. Most importantly, the committee said, the firm had to be careful that the shared office did not become a feeder to its practice, indirect advertising of its services, a sharing of fees or professional responsibilities with the arbitrator, or any implication to visitors that the practice was related to the arbitrator's work.

Currency note

This opinion was issued in March 1967, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Canon 27 on advertising and self-promotion. Communications about a lawyer's office and firm name are now governed by Rules 4-7.11 through 4-7.22 of the Rules Regulating The Florida Bar, including Rule 4-7.21, and the prohibition on sharing fees with nonlawyers by Rule 4-5.4 (Model Rules 7.1 and 5.4). Court decisions on lawyer advertising including Bates v. State Bar of Arizona, 433 U.S. 350 (1977), have since changed the framework for restrictions on publicity. Treat this page as historical context, not current guidance.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 firm rent office space to the nonlawyer arbitrator?

A: The committee said sharing office space with a nonlawyer is not to be encouraged, but it did not find the proposed arrangement proscribed by the canons, subject to the conditions it set.

Q: Could the arbitrator's name go on the office door?

A: Yes, so long as the listing was physically arranged to be clearly separate from the firm's and to avoid any misleading suggestion that the arbitrator was connected with the firm.

Q: Did the door need to say "Not a Member of The Florida Bar"?

A: No. The committee said that if the listing was clearly separate, those words were unnecessary and might themselves suggest a lawyer relationship.

Background and rules framework

The opinion applied the former Canon 27, which governed lawyer publicity and indirect advertising. Communications about a lawyer's office and firm name are now addressed by Rules 4-7.11 through 4-7.22 of the Rules Regulating The Florida Bar (including Rule 4-7.21), with the prohibition on sharing fees with nonlawyers at Rule 4-5.4; the Model Rule analogues are Rules 7.1 and 5.4. The committee's chief concern was that the shared space not operate as a feeder or as indirect advertising for the firm.

Citations and references

Rules of Professional Conduct:

• Canon 27 [Canons of Professional Ethics; see current Rules 4-7.21 and 4-5.4]

See also

• FL Bar Ethics Op. 67-39: Out-of-State Lawyer as Staff
• FL Bar Ethics Op. 66-72: Lawyers and Credit Bureaus

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-66-57/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-66-57.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 66-57
March 31, 1967
Advisory ethics opinions are not binding.
Although the sharing of office space by a lawyer with a nonlawyer is not to be encouraged, members of The Florida Bar who rent space in their office for occasional use by an arbitrator may place on their door a legend bearing the name of the arbitrator. The listing must be clearly separate from the listing of the law firm.
Canon: 27
Chairman MacDonald stated the opinion of the committee:
AB, a professional arbitrator with a principal office in another state, desires to rent space in an office of members of The Florida Bar. The arbitrator is a member of the bar of the state in which he has his principal office, but is not engaged in the practice of law, devoting his time exclusively to his work as an arbitrator and impartial chairman. He is not admitted to The Florida Bar. The members of The Florida Bar to whom the request for rental is addressed have inquired of this Committee whether it would be appropriate to place on the office door below and distinguished from their own names a legend reading "AB, Arbitrator and Impartial Chairman– Not a Member of The Florida Bar." It would be contemplated that the office space to be rented would only be used when the occasion arises for the arbitrator to act in his capacity as arbitrator in Florida. No reference to his presence in the suite of offices would be made in answering the telephone, nor would such reference appear on the firm stationery.
Although in our judgment the sharing of office space by a lawyer with a non-lawyer is not to be encouraged, we do not think the proposed arrangement is proscribed by the canons so long as the listing on the door is physically arranged to avoid any misleading connotation that the arbitrator is connected with the firm. In our judgment if the listing is clearly separate from that of the law firm, it is not necessary to add the words "Not a Member of The Florida Bar" because this legend might suggest a lawyer relationship. Most importantly the inquiring members of the Bar must be careful that the sharing of offices does not result in a "feeder" to their practice, indirect advertising of their professional services, sharing of professional fees or professional responsibilities with the arbitrator, or any implication to visitors that their practice is related to the work of the arbitrator.