Can a lawyer run a separate non-legal business out of the same office as the law practice?

Plain-English summary

A lawyer wanted to start a business, separate from the law practice, providing other lawyers with computer analysis of the present cash value of structured-settlement offers. The business would operate from the lawyer's existing office, and the lawyer planned to advertise the office's address and telephone number as the business's contact information. The lawyer asked whether running the business from the law office would be proper.

The opinion concluded it would be. Before July 1984, the Illinois Code of Professional Responsibility (former Rule 2-102(c)) barred a lawyer from practicing law and conducting another business from the same office and from using stationery or signs indicating a dual profession. The committee noted, as in its Opinion 85-3, that the repeal of Rule 2-102(c) in July 1984 in effect sanctioned the practice of dual professions from the same office, and concluded the same result applied under the 1990 Rules of Professional Conduct.

The committee cautioned that the Rules of Professional Conduct continue to govern the lawyer's legal practice even where a second business shares the office, pointing to Rule 1.6 (confidentiality), Rules 1.7, 1.8 and 1.9 (conflicts of interest), Rule 5.4 (professional independence of a lawyer), and Rules 7.1 through 7.4 (advertising and communications about a lawyer's services).

Currency note

This opinion was issued in 1991, before Illinois adopted the 2010 Illinois Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in May 2010 as generally consistent with the 2010 Rules (Rules 1.6, 1.7, 1.8, 1.9, 5.4, 7.1, 7.2, 7.3, and 7.4), while cautioning that the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a lawyer run a separate non-legal business from the law office?

A: The opinion concluded a lawyer may operate a separate non-legal business from the existing law office, because Illinois repealed the former rule barring dual professions from one office in July 1984.

Q: Which rules still apply to the lawyer running a side business?

A: The opinion concluded the lawyer's legal practice remains governed by Rule 1.6 (confidentiality), Rules 1.7, 1.8 and 1.9 (conflicts), Rule 5.4 (professional independence), and Rules 7.1 through 7.4 (advertising and communications).

Q: Can the lawyer advertise the law office's address and phone as the business's contact?

A: The opinion did not bar this, but treated the lawyer's communications about the lawyer's services as subject to the advertising rules (Rules 7.1 through 7.4).

Background and rules framework

The opinion turned on the 1984 repeal of former Code Rule 2-102(c), which had barred practicing law and another business from the same office. The committee read the repeal, consistent with Opinion 85-3, to permit dual professions from one office under the 1990 Rules, subject to the rules on confidentiality (1.6), conflicts (1.7, 1.8, 1.9), professional independence (5.4), and advertising (7.1 through 7.4) (Model Rules 1.6, 1.7, 1.8, 1.9, 5.4, 7.1, 7.2, 7.3).

Citations and references

Rules of Professional Conduct:

• Model Rule 5.4 (professional independence of a lawyer) / Illinois Rule 5.4
• Model Rules 1.7, 1.8, 1.9 (conflicts of interest) / Illinois Rules 1.7, 1.8, 1.9
• Model Rule 1.6 (confidentiality) / Illinois Rule 1.6
• Model Rules 7.1 through 7.4 (advertising and communications) / Illinois Rules 7.1, 7.2, 7.3, 7.4

Other opinions cited:

• ISBA Opinion No. 85-3 (repeal of former Rule 2-102(c) permits dual professions from one office)

See also

• ISBA Ethics Op. 92-05: Mediation Business With a Nonlawyer
• ISBA Ethics Op. 06-02: Marketing Vendor Limits

Source

• Landing page: https://www.isba.org/ethics/opinions/9016