Kentucky ethics opinion office sharing12/11/2023 ![]() Even though the attorney would be alone in the space and using it exclusively at the times that they used it, this was not enough to classify it as space separate and distinct from the other businesses also renting the space from time to time. ![]() Under the standards it set, the Michigan State Bar Committee found impermissible an arrangement under which an attorney made intermittent, short-term use of office and conference space that was not dedicated to the attorney specifically. If you think this sounds like a nebulous and difficult standard to reach, don’t worry – you aren’t alone. According to the Michigan State Bar Committee, a separate office space is maintained when the office and common areas are arranged and utilized in such a way that the businesses remain “separate and distinct,” the lawyer’s duty to their clients to maintain confidentiality is upheld, and the public at large is not led to believe that the law firm and the non-lawyer are in business together. So, let’s unpack what it means to keep your office separate from non-lawyers. A House –NOT– Divided Against Itself Cannot Stand… On the surface, this may sound easy, but anyone who has taken the MPRE knows that maintaining the high ethical standard expected of lawyers in a shared office setting is going to be much more difficult than it sounds. As always, it is a good idea for you to read up on your own state’s Rules of Professional Conduct before jumping to any conclusions, but a brief survey reveals that, overall, lawyers are permitted to set up shop in the same space as other, non-legal businesses, so long as the businesses are kept sufficiently separate and all other ethical duties are upheld. The Kentucky Rules of Professional Conduct Committee released an opinion that mirrors that of Michigan’s. The Louisiana State Bar Association Rules of Professional Conduct Committee released an opinion stating that lawyers are permitted to share space with non-lawyers, but must assure that lawyers strictly uphold all ethical duties of confidentiality and professional independence, and must avoid assisting in the unauthorized practice of law or other improper business transactions. Many other state ethics committees echo the sentiment. According to the Michigan State Bar Committee on Professional and Judicial Ethics, a Michigan lawyer is permitted to maintain any physical location as a law office, even if it is shared with non-lawyers, so long as the lawyer has a dedicated office space that is distinct from the operations of the other business. It’s Not That You Can’t, It’s That You Shouldn’tĪ bit of good news to chase the doom and gloom of the opening paragraph: while rules vary a bit from state to state, in general attorneys can share office space with other law firms and non-law firm businesses. ![]() Below is a brief explanation of why sharing your floor space with non-lawyers is not as good of an idea as it may seem on its face. Unfortunately, what seemed like a potential boon to lawyers in troubling economic waters turns out to be an ethical quagmire that can easily bog down even the most well-meaning attorneys. While this has clearly life-altering benefits for solo practitioners, small to midsize firms would no doubt appreciate the savings of sharing office space, as well. Office sharing is analogous to getting a roommate: you not only gain someone to pay half of the rent and utilities, you also get a new best friend who’s always around. With these grim prospects, the idea of sharing office space with other businesses sounds like an independent lawyer’s dream come true. The considerable overhead of maintaining a law office falls squarely on your shoulders, the day-to-day costs of practicing law come out of your individual resources and, on top of it all, you practice in isolation with no one but your trusty copy of Black’s Law Dictionary to keep you company. If It Sounds Too Good to be True, It Probably IsĪs with most things, it’s tough practicing law on your own.
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