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 93-10
A is a lawyer. B, a medical doctor and a lawyer, is employed by A. A and B wish to run a television commercial in which B would advertise the licensing in both professions.
Question:
Does the proposed advertisement present any problems regarding dual professionalism? (The request for this opinion is not to be a clearing house for the entire ad, but more specifically regarding B's dual professional role as it relates to his law practice in A's office.)
Summary:
Although no ethical prohibition exists against a lawyer noting this license to practice in a second profession, the lawyer must avoid advertising statements likely to create a false impression on the part of the audience regarding the significance of that second profession in connection with the handling of legal matters.
Opinion:
The Rules of Professional Conduct governing media advertising do not prohibit a lawyer form indicating that the lawyer also is licensed in another profession, such as medicine. See Rules 7.1-7.5. Care should be taken, however, to avoid any advertisement that creates improper expectations or makes improper comparisons with the abilities of other lawyers as prohibited under Rule 7.1.