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Lawyers Sharing Space - Benefits and Responsibilities

June 27, 2011 5:04pm UTC

Atlanta lawyers are subleasing with other lawyers and entering into law space sharing arrangements. The Georgia Rules of Professional Conduct do not prohibit attorneys from sharing office space. With law firms downsizing, the empty law office space entices new lawyers into a sublet deal. Know the benefits and responsibilities.

Benefits of law space sharing include:

(i) the occasional consult or assisting with certain legal issues which may arise;

(ii) reduction of overhead costs; and

(iii) potential referrals for legal work in each lawyers' area of practice.

While lawyers seek to share rent, copier costs, internet costs, legal research expenses, lawyers must use extra care about maintaining the confidences and secrets of clients. For instance, if the lawyers sharing law space retain a joint receptionist who performs legal tasks, she or he should be advised to maintain confidentiality of the clients and keep files for the clients in a separate work area. Ethical issues can be triggered by sloppy administrative practices. All confidential information gained in the professional relations with a client, unless the client consents after consultation are required by the Georgia Rules of Professional Conduct (Rule 1.6) to be protected. The duty of confidentiality shall continue after the client-lawyer relationship has terminated (Rule 1.6(e)). So the files must be kept separate even after the case or matter is completed.

The bottom line: lawyers or law firms should not fail to take adequate measures to protect the client's confidential information of each space-sharing lawyer. Lawyers who are dual professionals also must make clear to the public the separate nature of their legal and other businesses, and should take measures to protect client confidentiality.

The dual professional may be required to keep separate phone numbers, letterhead, books, records, and files. The lawyer should take special care to keep separate the provision of law-related and legal services in order to minimize the risk that the client/customer will assume that the law-related services are legal services. (See Georgia Rule 5.7, comment (8)).

Each state may have a specific position regarding the dual professional practicing in one office. For instance, Colorado takes a stronger view, stating that it is easier to avoid confusion if the second occupation is not conducted from the legal office. The basis for Colorado's opinion is that risks such as improper solicitation are increased when one office is used. Whatever the commissions ultimately decide, space-sharing is an important concern for many lawyers and can be maneuvered easily if thoughtful steps are taken prior to conducting the business of law. Lawyers should always remember that the essence of the Rules of Professional Conduct is based on communication with the clients.