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 06-14
SC Rules of Professional Conduct: 3.5(e)
Facts
A local group chaired by a non-lawyer has been organized for the sole purpose of establishing a memorial for a deceased judge. This group requests funds for this purpose from members of the local bar. The group is not affiliated with a law school or any bar association.
Question
Can a lawyer contribute to this group for this memorial under these circumstances?
Summary
Under Rule 3.5(e) a lawyer may not contribute to a fund for a deceased judge because the rule prohibits contributions to a “memorial” for a judge except by the authorized procedures of the rule.
Opinion
Under Rule 3.5(e) a lawyer may not contribute to a fund for a deceased judge because the rule prohibits contributions to a “memorial” for a judge except by the authorized procedures of the rule. Rule 3.5(e) states in relevant part:
A lawyer shall not:
(e) participate in any judicial portrait fund or memorial except upon the following conditions:
(1) the soliciting entity shall be a law school or an established state, county or local bar organization or association which was not formed for the primary purpose of soliciting judicial portrait funds or memorials;
Application of the rule to contributions for memorials seems inconsistent with the purpose and language of the rule to prohibit improper influence of a judge. In the Committee’s opinion, revision of the rule to allow such contributions may be appropriate.