SHARED OFFICE SPACE -HOW NOT TO GET SUED

After a great day in court and in the office, you are met by a burly gentleman who hands you a summons and complaint for malpractice. As you read the complaint you learn that you are being sued as a A partner@ of someone you shared office space with two years ago. How did this happen? Sure you used a Firm name, one telephone number, fax and receptionist, but your agreement was for expenses only and you made sure your clients knew that you were their lawyer.

Perception, not reality is everything and you may be on the hook. The purpose of this article is to give the solo and small firm practitioner some hints on sharing office space while protecting client confidences and keeping the client informed about the arraignment.

The Rules of Professional Conduct ⁽¹⁾ allow unaffiliated lawyers and even non lawyers to share space, so long as the sharing does not compromise client confidences and the independence of each attorney.

The perception and reality therefore must be the same and simple rules should be followed.

1. DO NOT CONFUSE THE PUBLIC. All written communication, i.e., letterhead, fax cover sheets, office signage, advertising, business cards should not suggest that the attorneys are affiliated in any manner. Oral communication is just as important. I recommend separate phone numbers, if you use joint numbers it must be answered ALaw Offices@ Do not refer to other attorneys in your office as your Apartner or associate.@

2. DO NOT CONFUSE THE CLIENT . Use a simple clause in your retainer or opening letter to the client as follows AIt is recognized that the Law Firm of John Jones, Esquire currently is in an office sharing arrangement with other attorneys, client acknowledges having been informed that only John Jones, Esquire is being retained, and that the other attorneys sharing the office suite owe no duty to and are not responsible in any manner for the client=s case.@ This only works if all the other attorneys have a similar clause in their retainer agreement.

4. DO KEEP CLIENT CONFIDENCES, CONFIDENT. No talking in the halls, have separate and secured filing and most importantly protect your computers and work product with separate passwords. Joint employees, must be trained that any information they receive is confident and cannot be shared with even other lawyers in the suite. Mail, faxes, work in progress, client files, phone messages should be received, distributed and kept in such a manner as to protect the client. Do not leave anything in the public areas or jointly shared space. If using a single xerox, printer or fax machine clear your papers immediately.

5. DO AVOID CONFLICTS OF INTEREST - Don=t take a case where the opposition is represented by someone you share space with. If you do, all parties must acknowledge the relationship and consent to it. Even then, the ice is thin and the best advice is to decline the representation.

Shared office arraignments are a great way to save money, and you can have more space, better furniture and equipment and an enhanced office environment to work in. . Practically having other attorneys around to share ideas, and to tap their experience and brains is worth more than the dollar savings. So share the space and expense but not the confidences and your independence.

Sources

District of Columbia Bar Ethics Opinion no. 30 Adopted February 20, 2001.

Wells Anderson & Joseph M. Hartley, ABA Law Practice Management Section ATHE MAGAZINE@ How to Protect Client Confidence in a Shared Office Space. March 2002

1. ¹Applicable Rules (DC)

! Rule 1.6 (Confidentiality of Information)

! Rule 1.7 (Conflicts of Interest)

! Rule 1.10 (Imputed Disqualification)

! Rule 7.1 (Communication Concerning Lawyer=s Services)

! Rule 7.5 (Firm Name and Letterheads)