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 91-35
A lawyer wishes to donate legal services to be auctioned at a fund-raising for a charity or other organization for a "good cause."
Question:
Does the above conduct violate the Rules of Professional Conduct?
Summary:
Such conduct is not in violation of the Rules of Professional Conduct.
Opinion:
It is not unethical for a lawyer to donate legal
services under the circumstances set forth above. However, to avoid misleading the recipient of donated services, the donating lawyer must offer the services with certain express qualifications, clarifications, and reservations including:
1. The nature and scope of the services donated should be defined with reasonable specificity.
2. The services donated may not be appropriate for all prospective bidders (e.g., a successful bidder for a "simple" case may have circumstances whereby a more elaborate estate plan would be recommended which would warrant a substantially higher fee).
3. Circumstances may exist that would preclude the lawyer from performing the services for the successful bidder (e.g., a conflict of interest).