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 04-09
RULES 7.1, 7.5(a) AND 7.5(b)
Facts
A lawyer licensed in South Carolina is an associate in the South Carolina office of a multi-state firm, some of whose members are licensed in other jurisdictions but not in South Carolina. The South Carolina associate of the multi-state firm has inquired as to the ethical propriety of displaying in the South Carolina office the business cards of the non-South Carolina lawyers, which reflect the address of the South Carolina office.
Question
May the South Carolina office of a multi-state firm display the business cards of the various members who are not licensed in South Carolina but whose business cards reflect the address of the South Carolina office?
Summary and Opinion
No. Absent a disclaimer that the out-of-state lawyer is not admitted to practice in South Carolina, the South Carolina office of a multi-state firm may not display the business cards of its non-South Carolina lawyers, which reflect the address of the South Carolina office. See SCACR 407, South Carolina Rules of Professional Conduct 7.1, 7.5(a) and 7.5(b).