UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER鈥橲 CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.
Ethics Advisory Opinion 07-08
SC Rules of Professional Conduct: 5.4, 7.1, 7.2, 7.2(c)(1)
Facts
Real Estate Company (鈥淐ompany鈥�) routinely refers clients to Lawyer鈥檚 firm for closings. Company proposes to pay for a radio advertisement that they provide a 鈥渢eam approach鈥� and have requested Lawyer, Insurance Agency and Lender to participate in the advertisement. The advertisement would give the name of Lawyer and his firm with Lawyer making a statement about working with Company.
Questions
Do the S.C. Rules of Professional Conduct prohibit Lawyer from participating in an advertisement paid by Company?
If the S.C. Rules of Professional Conduct do not prohibit Lawyer鈥檚 participating in the advertisement, must the advertisement conform to the S.C. Rules of Professional Conduct鈥檚 provisions on lawyer advertising and communications?
Summary
Lawyer may participate in Company鈥檚 advertisement as long as Lawyer pays the reasonable costs of the advertisement and ensures that the advertisement complies with the S.C. Rules of Professional Conduct鈥檚 provisions on lawyer advertising and communications.
Opinion
S.C. Rule of Professional Conduct 7.2(c)(1) provides that a lawyer 鈥渟hall not give anything of value鈥or recommending the lawyer鈥檚 services鈥︹�� unless the lawyer pays 鈥渢he reasonable costs of advertisements.鈥� It would appear that the intent of the Company鈥檚 proposed advertisement is for the 鈥渢eam鈥� including Lawyer to recommend the services of the Company. However, the effect of the advertisement would be an indirect advertisement of the Lawyer鈥檚 services. By providing time for the recording of the advertisement, the Lawyer may be considered to be giving something of value for a referral. Thus, as long as Lawyer pays the reasonable costs of the advertisement, there does not appear to be an ethical prohibition against participating in Company鈥檚 advertisement.
All advertisements of a Lawyer must comply with the S.C. Rules of Professional Conduct鈥檚 provisions on lawyer advertising and communications. The Committee directs Lawyer to ensure compliance with Rules 7.1 and 7.2 specifically. The Committee would caution Lawyer to ensure that it is 91黑料爆料ar in Company鈥檚 advertisement that although there may be a 鈥渢eam approach,鈥� the Lawyer is not in partnership with a nonlawyer in violation of Rule 5.4.