If two lawyers who are not in the same firm share office space, what must each do to keep the other from learning client confidences and secrets?

Plain-English summary

A lawyer planning to share office space with another lawyer who was not in the same firm asked the committee whether the procedures described in the inquiry were sufficient to protect client confidences and secrets. The committee responded that those procedures appeared adequate.

The committee added two reminders. The first was to be careful that no confidences or secrets are overheard by the attorney with whom the office would be shared. The second was that the obligation to protect a client's confidences and secrets continues after the lawyer's working relationship with the client has ended.

Currency note

This opinion was issued under Washington's former Code of Professional Responsibility, which the Rules of Professional Conduct later replaced. It was issued in 1984, before the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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 two lawyers who are not partners share the same office?

A: The committee did not bar the arrangement. It found the office-sharing procedures the inquiring lawyer described adequate, while reminding the lawyer to keep client confidences and secrets from being overheard by the office-mate.

Q: What was the committee's main concern about sharing space with another lawyer?

A: That client confidences and secrets could be overheard by the other attorney sharing the office. The committee told the inquiring lawyer to be careful to prevent that.

Q: Does the duty to protect a client's confidences end when the representation ends?

A: No. The committee stated that the obligation to continue protecting a client's confidences and secrets continues after the lawyer's working relationship with the client has ended.

Background and rules framework

The opinion applies the lawyer's duty to preserve client "confidences and secrets," the formulation used by the Washington Code of Professional Responsibility then in force. The committee did not cite a rule by number. The same confidentiality duty is now addressed by Washington RPC 1.6 and Model Rule 1.6.

Citations and references

Rules of Professional Conduct:

• The opinion cites no rule by number. It applies the lawyer's duty to protect client confidences and secrets under the Washington Code of Professional Responsibility then in effect (the duty now codified at RPC 1.6 / Model Rule 1.6).

See also

• ABA Formal Op. 507: office sharing arrangements
• WSBA Ethics Op. 1012: hiring a legal secretary from an opposing firm

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1

Original opinion text

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

Advisory Opinion: 835
Year Issued: 1984
RPC(s): None
Subject: Office sharing and protection of client confidences and secrets

The Committee was of the opinion that the office procedures outlined in your letter appear adequate. The Committee did want to remind your that you should be careful that no confidences or secrets are overheard by the other attorney with whom you will be sharing offices, and also to remind you that your obligation to continue the protection of your clients' confidences and secrets continues after your employment relationship with them has ended.