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 93-08
A lawyer has been approached by a corporation doing business under the name of "Welcome Wagon" about becoming a sponsor. Welcome Wagon hires hostesses who make appointments with people who have just moved into the area to greet them and make them aware of some of the services available. During the course of the hostess' presentation, she will present gifts, brochures, and other information about local retail establishments and professionals. For this service, the hostess is paid a nominal fee of approximately two dollars per sponsor for each presentation made.
Questions:
1. Would it be ethical for an attorney to be involved in the Welcome Wagon Program?
2. Suppose the attorney had the Welcome Wagon hostess distribute only a card greeting the individual or family to the area and including only the name of the attorney, and his or her address and phone number?
3. Suppose the attorney had the hostess deliver an informative and educational brochure outlining one's rights under various circumstances but also including the lawyer's name, address and phone number?
4. Would it make any difference if the item delivered were an outright attempt at advertising, such as a brochure tastefully giving biographies of the members of the firm and the services that they rendered?
5. If the lawyer were willing to label any written material as advertising and followed the other regulations required for advertising material, would that make any of the above which might otherwise be deemed improper, now proper?
Opinion:
We address only the general question regarding the propriety of including advertising information in a "Welcome Wagon" distribution. This method of advertising, through the Welcome Wagon program, does not appear to be prohibited by the Rules of Professional Conduct. This does constitute advertising and consequently would be subject to the restrictions of Rule 7.2. Further, since some of the contacts involve solicitation, Rule 7.3 would apply in those cases. Any written materials would consequently have to satisfy the requirements of Rules 7.1, 7.2 and 7.3.