Can a South Carolina lawyer share office space and a secretary with a member of another profession?

Plain-English summary

A lawyer wanted to share office space with a member of another profession, making clear to the public that they offer different services, with separate letterheads and telephone numbers, and also wanted to share a secretary with that person. The committee answered both questions in the lawyer's favor, subject to confidentiality safeguards.

The committee concluded that sharing an office with another profession does not per se violate the Rules. However, it noted that Rule 1.6(a), and the South Carolina Supreme Court, require confidentiality within the attorney-client relationship, and that sharing offices and a secretary creates a potential for violating Rule 1.6. The lawyer should take reasonable measures to prevent such a violation. The committee also cited Rule 5.3, under which the lawyer must supervise the work of office staff and is responsible for ensuring that employees do not violate the lawyer's ethical duties, referencing Florida Bar v. Wolding.

Currency note

This opinion was issued in 1996, before the South Carolina Bar's adoption of the 2005 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer share office space with someone in another profession?

A: The committee concluded that sharing an office with another profession does not per se violate the Rules, provided the lawyer guards client confidentiality.

Q: Can the lawyer also share a secretary?

A: The committee did not prohibit it, but noted that sharing a secretary creates a potential for violating Rule 1.6, so the lawyer must take reasonable measures to prevent a breach and must supervise staff under Rule 5.3.

Background and rules framework

The opinion applied Rule 1.6(a) (confidentiality of information) and Rule 5.3 (responsibilities regarding nonlawyer assistants), each corresponding to the like-numbered Model Rule, in the context of an office-sharing arrangement with a non-lawyer.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 1.6(a) / Model Rule 1.6: confidentiality of information.
• South Carolina RPC 5.3 / Model Rule 5.3: responsibilities regarding nonlawyer assistants.

Cases:

• Florida Bar v. Wolding, 579 So. 2d 736 (Fla. 1991): a lawyer sharing offices with a title insurance company.

See also

• SC Bar Ethics Op. 96-13: Independent Paralegal Services
• SC Bar Ethics Op. 95-30: Operating a Side Business Under the Firm Name

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-96-11/

Original opinion text

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

UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.

Ethics Advisory Opinion 96-11

Attorney A desires to share offices with a member of another profession or occupation. Attorney A and the member of the other profession will make it clear to the public that they do not offer the same service or services, with each having their own letterhead and separate telephone number. Attorney A would also like to share a secretary with the person in the other profession.

Questions:
1. Can a practicing attorney share offices with another profession?
2. Can a practicing attorney who shares offices with another profession share the use of a secretary?

Opinion:
Sharing an office with another profession does not per se violate Rule 407. However, Rule 1.6(a) mandates and the Supreme Court of South Carolina has recognized the necessity of confidentiality within the attorney-client relationship. The lawyer should recognize that the sharing of offices and a secretary creates a potential for violation of Rule 1.6 and should take reasonable measures to prevent such a violation from occurring. A lawyer must supervise the work of the office staff and is responsible for ensuring that employees do not violate ethical duties of the lawyer. Rule 5.3. See also Florida Bar v. Wolding, 579 So. 2d 736 (Fla. 1991) (lawyer sharing offices with title insurance company).