101 N.J.L.J. 113
February 9, 1978
OPINION 387
"Office Associates,"
Prior Associates Using Same Building
Inquiry is made by a lawyer who is a township prosecutor
asking if the term "office associates" used in R. 1:15 includes
attorneys who previously shared the same suite, but now have
separate offices located in the same two-story building, the
building owner's law firm located on the second floor, the
inquirer's office on the first floor, each entered by a separate
outside door. The facts presented show no common use of facilities
such as conference room, entrance door, library, general purpose
room, or the like.
R. 1:15(b) defines the term "office as associates" to include
"attorneys who share common office facilities." We hold that where
two or more attorneys are located in different office suites having
separate office entries, waiting rooms, libraries, work rooms and
conference rooms, the fact that the attorneys are located in the
same building owned by one of the attorneys whether or not sharing
parking lot, rest-room facilities, a main building entry,
elevators, or stairway, will not constitute them "office
associates" within R. 1:15-5 (b). Opinion 22, 87 N.J.L.J. 13
(1964), Opinion 74, 88 N.J.L.J. 357 (1965), and Cf., Opinion 185,
93 N.J.L.J. 505 (1970), where the common ownership of the building
was the determining factor.
We, also, hold that the "office associate" relationship
existing prior to the complete physical separation of facilities
does not continue thereafter, provided these attorneys keep their
law practices separated.