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’S 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 00-09
Attorney wishing the Committee to review a proposed advertisement originally posited this inquiry. Attorney wishes to conduct a free seminar on bankruptcy protection that is open to the general public, with a question and answer session to follow the presentation. Individual consultations are also available.
Question:
May an attorney conduct a free seminar on a topic of law which is open to the public?
Opinion:
The Committee cannot approve the wording or content of any proposed advertisement. In general, an attorney may conduct a free seminar on a topic of law that is open to members of the public; however, the attorney must be aware of certain restrictions contained in Rules 7.1 and 7.3.
Rule 7.1 prohibits attorneys from making any "false, misleading, deceptive or unfair communications about the lawyer or the lawyer's services." Rule 7.3 prohibits the attorney from in-person or live telephone solicitation of persons with whom the lawyer has had no prior professional relationship. Furthermore, Rule 7.3 recognizes the possibility that even permitted forms of communications between an attorney and unrepresented party have the potential for "coercion, duress, harassment, fraud, overreaching, intimidation, or undue influence." Rule 7.3(b)(2). These rules concern only the lawyer's conduct in soliciting business - they do not hold true when an individual seeking representation instigates the potential attorney-client relationship.
The Committee has addressed this similar issue in the past and has reached the conclusion that provision of general legal information to the public is permissible. For example, in Advisory Opinion 94-27, the Committee addressed this issue in the context of maintaining an electronic presence on the Internet for the purpose of providing legal information to the public. That opinion stated, "To the extent that the attorney maintains a presence on electronic media solely for the purpose of discussing legal topics generally, without the giving of advice or the representation of any particular client, this practice would be permitted." (emphasis added). Similarly, Advisory Opinion 91-04 observed that participation in legal education programs and the provision of materials to the public in connection with an educational program is permitted. Finally, Advisory Opinion 90-37 opined that a lawyer could furnish general legal information to the public, provided that the information does not contain any false or misleading information. Thus, the Committee is of the opinion that an attorney may conduct a free seminar on general legal information to members of the public.