Do the ethics rules require a lawyer to have a private office with walls and a door rather than an open-office layout?

Plain-English summary

The inquiry asked whether the Rules of Professional Conduct require a lawyer to have an office with walls and a door rather than be part of an "open office concept."

The committee was of the opinion that the Rules of Professional Conduct do not address the architecture of law offices. It could only advise that, under RPC 1.6, a lawyer has a duty not to reveal client confidences or secrets.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule it discusses, RPC 1.6 (confidentiality of information), corresponds to Model Rule 1.6 and has since been amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Do the ethics rules require a private, enclosed office?

A: Per the opinion, no. The committee was of the opinion that the Rules of Professional Conduct do not address the architecture of law offices.

Q: Does an open-office layout raise any duty at all?

A: The committee pointed to RPC 1.6, advising that a lawyer has a duty not to reveal client confidences or secrets, which applies regardless of office layout.

Background and rules framework

The opinion interprets Washington RPC 1.6 (confidentiality of information), corresponding to Model Rule 1.6. The committee declined to read the rules as imposing any architectural requirement on law offices and located the only relevant duty in RPC 1.6: the lawyer's obligation not to reveal client confidences or secrets.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.6 (confidentiality of information), corresponding to Model Rule 1.6.

See also

• WSBA Ethics Op. 1213: a client's whereabouts as a protected confidence under RPC 1.6
• WSBA Ethics Op. 1006: client confidences and a sentencing-order error under RPC 1.6
• WSBA Ethics Op. 973: a legal services program sharing client information with its funding agency

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=315

Original opinion text

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

Advisory Opinion: 1235
Year Issued: 1988
RPC(s): RPC 1.6
Subject: Client confidence or secret; open office; privacy of communications

The Committee reviewed your inquiry regarding whether the Rules of Professional Conduct required that a lawyer have an office with walls and a door rather than be a part of an "open office concept." The Committee was of the opinion that the Rules of Professional Conduct do not address the architecture of law offices, and could only advise you that under RPC 1.6 a lawyer has a duty not to reveal client confidences or secrets.