May an office-sharing lawyer use a firm's computer network if both sides agree not to read each other's client files?

Plain-English summary

A firm rented space to an independent lawyer who was neither a firm member nor of counsel. The firm and that lawyer shared some clients. The lawyer could use email on the firm's computer network, but joining it would also make the firm's client files accessible. The proposed agreement was that neither side would inspect the other's files.

The answer rejects network access under that arrangement unless the office-sharing lawyer's access to the firm's client files is blocked. It says the result would differ if the lawyer were of counsel to the firm. The answer also says office-sharing counsel should not have physical access to the firm's paper files when those files are unattended.

Currency note

This opinion was issued in 1998, before Missouri's 2007 revisions to the Rules of Professional Conduct. 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: Does an agreement not to inspect files permit the shared network access?

A: No. The opinion requires blocking the office-sharing lawyer's access to the firm's client files.

Q: Would the answer differ if the lawyer were of counsel?

A: Yes. The answer expressly says the result would be different for an of-counsel lawyer.

Q: What does the opinion say about paper files?

A: Office-sharing counsel should not have physical access to the firm's paper files when they are unattended.

Background and rules framework

The published question and answer address access to client files through a shared computer network and physical access to paper files. They do not cite a specific rule.

Citations and references

The published opinion cites no specific rule, statute, case, or other opinion.

See also

• Missouri Informal Op. 980220: Shared Office Client Files
• Missouri Informal Op. 2012-02: Of-Counsel Relationship

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/980030/
• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: Attorney’s firm rents office space to an attorney who is not a member of the firm and is not “of counsel.” Attorney´s firm operates on the same computer network, therefore they can e-mail messages to one another and all have access to all client files stored on the computer. Because the office-sharing attorney and the firm have some mutual clients Attorney would like to add the office-sharing attorney to the network. Although the office-sharing attorney would only be able to look at e-mail specifically directed to that attorney, it would be possible to look at the firm´s client files. The firm and the office-sharing attorney would agree not to look at each other´s files. May Attorney´s firm allow the office-sharing attorney to join the network under this agreement? If not, would the result be different if the office-sharing attorney became “of counsel” to the firm? If not, should the paper files of Attorney´s firm be locked so that the office-sharing attorney cannot gain access to them?

ANSWER: Attorney may not allow the office-sharing counsel to join Attorney´s computer network without blocking access to Attorney´s client files. The result would be different if that attorney were “of counsel” to Attorney´s firm. Office-sharing counsel should not have physical access to Attorney´s paper files at times when those files are unattended.