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 90-39
Attorney A submitted three (3) proposed advertisements scheduled to air on television during 1991 to determine if the advertisements comply with Rule 7 concerning lawyer advertising and Rule 5B of the Supreme Court Rules. All ads feature the attorney with one or more additional participants. The premise of the ads concerns considerations in choosing a civil litigator.
Question:
Are the proposed advertisements ethically permissible under Rule 7 of the Rules of Professional Conduct and Rule 5B of the South Carolina Supreme Court?
Summary:
Attorneys A's advertisements appear to comply with Rule 7 of the Rules of Professional Conduct if they can be substantiated.
Opinion:
An attorney is permitted to advertise his services to increase the public's awareness of the various types of legal services available. An attorney may advertise his services through public medias as specified in Rule 7.2(a) which includes television advertisements. An attorney allowed to disseminate information about his name or firm name, address and telephone number; the kinds of services the attorney will undertake; the basis on which the attorney's fees are to be determined, including prices for specific services, payments and credit arrangements; and other information that might invite the attention of those seeking legal assistance.
(Comment, Rule 7.2). Attorney A's advertisements appear to comply with the types of information an attorney is permitted to communicate by way of an advertisement pursuant to Rule 7.2(a).
Although the Rule is liberal as to the manner and the method by which advertising may be done, it is limited by Rule 7.1. Attorney A's advertisement appears to make a comparison of his services and experience with the services and experience rendered by other attorneys, therefore, he should be prepared to factually substantiate that comparison pursuant to Rule 7.1(c) of the Rules. Otherwise, Attorney A's advertisement would violate Rule 7.1(c).