Can lawyers who share an office and a receptionist each represent different family members injured in the same accident?

Plain-English summary

The inquiry concerned potential conflicts when office-sharing lawyers represent different family members for injuries sustained in a common accident. The committee concluded that the representation is permissible.

The committee stated that lawyers who share offices and a receptionist may represent different family members for injuries from a common accident, provided that, pursuant to RPC 1.7(b), they disclose to their respective clients any material facts suggesting a potential conflict of interest material to the office-sharing arrangement. The committee added that, pursuant to RPC 5.3(b), the lawyers should either caution the receptionist about the importance of maintaining the confidentiality of communications to the respective lawyers, or obtain properly limited confidentiality waivers from each client.

Currency note

This opinion was issued in 1998, before the Washington State Bar Association's adoption of the 2006 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 Treat this page as historical context, not current guidance.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. Washington's RPC 1.7 and RPC 5.3 correspond to ABA Model Rules 1.7 (conflict of interest: current clients) and 5.3 (responsibilities regarding nonlawyer assistance).

Common questions

Q: Can office-sharing lawyers represent different family members hurt in the same accident?

A: Yes. The committee concluded it is permissible, provided the lawyers make the required conflict disclosures and protect shared-staff confidentiality.

Q: What disclosure does the conflict rule require?

A: Under RPC 1.7(b), the lawyers should disclose to their respective clients any material facts suggesting a potential conflict of interest material to the office-sharing arrangement.

Q: How should the shared receptionist be handled?

A: Under RPC 5.3(b), the lawyers should caution the receptionist about maintaining the confidentiality of communications to the respective lawyers, or obtain properly limited confidentiality waivers from each client.

Background and rules framework

The opinion applied Washington RPC 1.7(b) (conflict of interest where a representation may be materially limited) and RPC 5.3(b) (a lawyer's responsibility for nonlawyer assistance), corresponding to ABA Model Rules 1.7 and 5.3. The committee made the permissibility of the dual office-sharing representation turn on conflict disclosure to each client and on safeguards for the shared receptionist's handling of confidential communications.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.7 (conflict of interest: current clients); Washington RPC 1.7(b)
• ABA Model Rule 5.3 (responsibilities regarding nonlawyer assistance); Washington RPC 5.3(b)

See also

• WA Ethics Op. 1793: Office-Sharing and Adverse Clients
• WA Ethics Op. 1811: Investigator Married to Opponent
• WA Ethics Op. 1807: LLC Counsel vs. a Minority Member

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1010

Original opinion text

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

Advisory Opinion: 1817
Year Issued: 1998
RPC(s): RPC 1.7(b); 5.3(b)
Subject: Conflict of interest; office sharing lawyers representing different family members for injuries in common accident

The Committee researched and reviewed your inquiry concerning the potential conflicts when office sharing lawyers represent opposing parties and determined the following:

It is permissible for lawyers who share offices and a receptionist to represent different family members for injuries sustained in a common accident. The lawyers should disclose to their respective clients, pursuant to RPC l.7(b), any material facts suggesting a potential conflict of interest material to the office-sharing arrangement. Pursuant to RPC 5.3(b), they should caution the receptionist about the importance of maintaining confidentiality of communications to the respective lawyers, or they should obtain properly limited confidentiality waivers from each client.