I share office space and expenses with another lawyer, and we now represent opposing parties in a custody and support case. Can we both stay in?

Plain-English summary

The inquiring attorney had entered into an expense and space sharing agreement for the practice of law with a lawyer, Attorney Y, who represented the opposing party in a post-final-judgment petition regarding custody, visitation, and support of two minor children.

The panel took the position that if one of the attorneys does not withdraw from representation of his client, neither attorney can proceed with the representation. The panel based its opinion on the comments to Rule 1.10, which state that a lawyer who becomes associated with another lawyer or law firm must maintain the secrets and confidences of the lawyer's clients. The panel concluded that the inquiring attorney's association with Attorney Y creates an appearance of impropriety because the attorneys share administrative staff and secretarial services and have "access" to each other's files.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies the comments to Rule 1.10 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions, and the "appearance of impropriety" framing has been narrowed in later ethics authority. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Can my office-mate and I represent opposing parties in the same case?

A: Under this opinion, not both. The panel concluded that unless one attorney withdraws, neither may proceed, given their shared staff and file access.

Q: Why does sharing office space matter?

A: Per the opinion, the shared administrative staff, secretarial services, and access to each other's files create an appearance of impropriety and raise the risk to client secrets and confidences addressed in the comments to Rule 1.10.

Q: What has to happen for one of us to keep the case?

A: Per the opinion, one of the attorneys must withdraw from representing his client; only then can the other proceed.

Background and rules framework

The opinion draws on the comments to Rule 1.10 (Imputation of Conflicts of Interest), corresponding to Model Rule 1.10, which address a lawyer's obligation to maintain the secrets and confidences of clients when associating with another lawyer or firm. Although the two lawyers here shared only office expenses and space rather than a formal partnership, the panel treated their shared staff and file access as creating an appearance of impropriety sufficient to require that one withdraw.

Citations and references

Rules of Professional Conduct:

• MR 1.10 (imputation of conflicts of interest)
• RI RPC 1.10

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-40: Title Insurer Prosecuting Actions in a Bank's Name
• RI EAP Op. 91-36: Deposing Counsel and a Former Joint Client Conflict

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2091-43.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Digest of Ethics Advisory Panel
Opinion #91-43, Request #155
Issued July 18, 1991

An attorney seeks Panel advice concerning the attorney's ethical obligations under circumstances in which the attorney has entered into an expense and space sharing agreement for the practice of law with a lawyer who represents the opposing party in a post final judgment petition regarding custody, visitation and the support of two minor children.

The Panel takes the position that if one of the attorneys does not withdraw from representation of his client, neither attorney can proceed with the representation. The Panel bases its opinion on the comments to Rule 1.10 which state that a lawyer who becomes associated with another lawyer or law firm must maintain the secrets and confidences of the lawyer's clients. The Panel is of the opinion that your association with Attorney Y creates an appearance of impropriety because the attorneys share administrative staff, secretarial services, and have "access" to each other's files.