Can two lawyers who are not partners share a reception room and library without it looking like a partnership?

Plain-English summary

Two Florida lawyers wanted to share a common reception room and library facilities without becoming partners, and one asked the committee about the proper wording for professional stationery and the building directory listing.

The committee said that sharing a common reception room and library by lawyers who do not have common responsibility to all their respective clients is not, by itself, objectionable. It held that the lawyers must devote every reasonable effort to avoid creating any impression that a partnership exists. Specifically, each lawyer should use an entirely separate letterhead bearing only his own name, with no reference to any other lawyer sharing the facilities; each should be listed individually and separately on all building directories and at the office entrance; and the receptionist should be directed to avoid any conduct or language implying joint professional responsibility. Subject to those admonitions, the committee concluded the arrangement would comply with Canon 33 and was proper.

Currency note

This opinion was issued in 1970, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Canon 33. The use of firm names, letterhead, and designations that could imply a partnership is now addressed by Rule 4-7.21. Treat this page as historical context, not current guidance.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: Can lawyers share office space without being partners?

A: Under this opinion, yes. Sharing a reception room and library is not objectionable by itself, so long as the lawyers avoid creating an impression of partnership.

Q: What did the committee require to avoid implying a partnership?

A: Separate letterhead bearing each lawyer's own name only, individual and separate listings on building directories and at the office entrance, and a receptionist instructed not to imply joint professional responsibility.

Background and rules framework

The opinion applied the former Canon 33, addressing partnership names and the appearance of association. The use of firm names, letterhead, and signage that could imply a partnership is now addressed by Rule 4-7.21 of the Rules Regulating The Florida Bar. The Model Rule analogue is Rule 7.5.

Citations and references

Rules of Professional Conduct:

• Canon 33 [Code of Professional Responsibility; firm names and designations now in Rule 4-7.21]

See also

• FL Bar Ethics Op. 70-55: Interstate Partnership Letterhead

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-70-14/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-70-14-1.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 70-14
May 27, 1970
Advisory ethics opinions are not binding.
It is not improper for two lawyers to share a common reception room and library facility although they are not partners and do not have a common responsibility to their respective clients, provided every reasonable effort is made to avoid creating any impression that a partnership exists. Specifically, the lawyers should use separate letterhead and building directory listings, and should direct a common receptionist not to use language that would imply a partnership.
Canon: 33
Vice Chairman Gregory stated the opinion of the committee:
Two Florida lawyers desire "to share a common reception room, use common library facilities, etc., but do not wish to become partners." One of them requests the Committee's advice as to "the proper wording for professional stationery and listing on the building directory where the offices are located."
The use of a common reception room and common library facilities by lawyers who do not have a common responsibility to all their respective clients is not of itself objectionable. Under such circumstances, however, the lawyers involved are responsible for devoting every reasonable effort to avoid creating any impression that a partnership between them exists. Each lawyer should use an entirely separate letterhead including his own name only, with no reference to any other lawyer sharing the common facilities. Each such lawyer should be listed individually and separately from the others on all building directories, the office entrance or otherwise where the lawyer's name may properly be exhibited. The receptionist in greeting callers, answering the telephone and otherwise should be directed to avoid any conduct or language which might imply to others that the lawyers have joint professional responsibility.
Subject to the admonitions stated, the Committee concludes that the utilization of the joint facilities contemplated will comply with Canon 33 and is proper.