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 90-36
The South Carolina Highway Patrol is developing and implementing a victim/witness program to assist victims and family members of alcohol and drug related traffic accidents. This project will consist of specially trained troopers who will provide information concerning programs for financial legal and psychological assistance. As part of this program, the specially trained troopers, known as Traffic Accident Victims Advocates, propose to operate a lawyer referral service wherein they will refer these victims to attorneys who participate in the program. The participating attorneys pay no fees for this service, and fees are not shared. The participating attorneys are not volunteering their services, but will be charging attorney fees to those clients who are referred to them.
Question:
Is it ethically proper for an attorney to participate in a referral service organized and implemented by South Carolina Highway Patrol?
Summary:
An attorney should not participate in a lawyer referral service operated by the South Carolina Highway Patrol.
Opinion:
This question is governed by Rules of Professional Conduct 7.1 and 7.3.
The fact that highway patrol officers are referring victims to specific attorneys may imply or give the false impression that the attorney is in a position of influence with the highway patrol of the judicial system. It may also create an unjustified expectation about the results the lawyer can achieve since the highway patrolman's recommendation may be highly regarded. This would constitute a violation of Rule 7.1(b) which reads in pertinent part as follows:
"A lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services. A communication is false and misleading if it...(b) is likely to create an unjustified expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate the Rules of Professional Conduct or other law;...".
While the purpose behind this proposal of assisting accident victims is admirable, there is potential for misunderstanding or false perceptions being created through the patrolman's recommendation. This is particularly true in light of the fact that the potential clients, the victims and their families, may already be overwhelmed by the circumstances of the accident and find it difficult to fully evaluate all available alternatives with reasoned judgment. This potential should be avoided, especially since alternative means of referral are available through the South Carolina Bar Referral Service, PO Box 608, Columbia, SC 29202, 1-800-868-2284.