Can a lawyer who rents office space from a law firm represent a client adverse to one of that firm's clients?

Plain-English summary

A lawyer renting space from a law firm wished to represent a client adverse to a client of the law firm. The lawyer employed his own secretary, but the firm answered the lawyer's separate phone line; the lawyer and firm shared common areas; and the lawyer's files were stored separately from the firm's, though the storage areas were not locked.

The committee determined that, in the situation described, the RPCs do not prohibit a tenant lawyer from representing clients with interests adverse to his landlord's, with the understanding that the two businesses are separate and apart and that the tenant has no interest in the landlord's business and vice versa. The committee stated that caution should be exercised in this type of arrangement to protect client confidences and secrets required by RPC 1.6, and that, in light of the landlord/tenant relationship, the tenant lawyer will be required to comply with RPC 1.7(b) and obtain written consent from the client.

Currency note

This opinion was issued in 1997, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here. Washington's cited rules correspond to ABA Model Rules 1.6 (confidentiality) and 1.7 (conflicts of interest).

Common questions

Q: Can office-sharing lawyers represent clients on opposite sides of the same matter?

A: The committee concluded the RPCs do not prohibit a tenant lawyer from representing clients adverse to the landlord firm's clients, provided the two businesses are genuinely separate.

Q: What confidentiality precaution did the committee flag?

A: The committee said caution should be exercised to protect client confidences and secrets required by RPC 1.6, given the shared common areas and unlocked file storage.

Q: Does the client have to consent?

A: Yes. The committee said that, in light of the landlord/tenant relationship, the tenant lawyer must comply with RPC 1.7(b) and obtain written consent from the client.

Background and rules framework

The opinion applied RPC 1.7(b) (conflicts arising from the lawyer's own interests or responsibilities) and RPC 1.6 (confidentiality), corresponding to ABA Model Rules 1.7 and 1.6. The committee permitted the adverse representation on the conditions that the two practices remain separate, confidences are protected, and the client gives written consent.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.6 (confidentiality of information); Washington RPC 1.6
• ABA Model Rule 1.7 (conflict of interest: current clients); Washington RPC 1.7(b)

See also

• WA Ethics Op. 1761: Sharing Office Space With Nonlawyers
• WA Ethics Op. 1785: Partner Briefly on the Other Side

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=986

Original opinion text

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

Advisory Opinion: 1793
Year Issued: 1997
RPC(s): RPC 1.6; 1.7(b)
Subject: Conflict of interest; lawyers in office share representing adverse clients

[A lawyer renting space from a law firm wishes to represent a client adverse to a client of the law firm. The lawyer employs his own secretary, but the law firm answers the lawyer's separate phone line. The lawyer and law firm share common areas. The lawyer's files are stored separately from the firm's, but the storage areas are not locked.] The Committee researched and reviewed your inquiry concerning office sharing and conflict of interest and determined that in the situation described, the RPCs do not prohibit a tenant lawyer from representing clients with interests adverse to his landlord's, with the understanding that the two businesses are separate and apart, the tenant has no interest in the landlord's business and vice versa. Caution should be exercised in this type of arrangement to protect client confidences and secrets required by RPC 1.6. In addition, in light of the landlord/tenant relationship, the tenant lawyer will be required to comply with RPC 1.7(b) and obtain written consent from his/her client.