Could lawyers share an office suite with a separate corporation in which they owned interests?

Plain-English summary

Two lawyers owned interests in a corporation that would share an office suite with them. The corporation would operate separately with proper designation; one lawyer had limited daily involvement and the other managed it.

The opinion found the arrangement did not violate Rule 4-5.4. The lawyers had to fully disclose whenever referring clients to the corporation. Corporate referrals back to either lawyer would be prohibited in-person solicitation. The lawyers also had to keep client information secure from suite occupants outside their firms.

Currency note

This 1995 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did the office and ownership arrangement itself violate Rule 4-5.4?

A: No, according to the opinion on the described facts.

Q: What did it require for referrals to the corporation?

A: Full disclosure whenever a lawyer referred a client to it.

Q: Could the corporation refer clients back to the lawyers?

A: The opinion characterized that as prohibited in-person solicitation.

Q: What information barrier did it require?

A: Client information had to be secured against access by suite sharers outside the lawyer's firm.

Background and rules framework

The opinion applied Missouri Rule 4-5.4 to office sharing and ownership of a separate corporation. It also identified referral and client-information limits without citing additional numbered rules.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-5.4

See also

• Missouri Informal Op. 950169: Office sharing between lawyers
• Missouri Informal Op. 970035: Nonlawyer office sharing

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950026/

Original opinion text

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

QUESTION: Attorney owns an interest in Corporation A. Attorney and Corporation A will share a suite of offices. Corporation A will be operated completely separately and with proper designation. Attorney will only minimally be involved in the day to day operation of the corporation. Attorney B who also owns an interest will be involved in the day to day operation and will also share the office space. ANSWER: This arrangement would not violate Rule 4–5.4. The attorneys would have to make full disclosure any time they would refer a client to the corporation. Additionally, it would constitute prohibited “in person” solicitation for the corporation to make referrals to either attorney. The attorneys must also make certain that all information related to their clients is secure from access by anyone who shares space in the suite of offices who is not part of the attorney´s firm.