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 96-08
Lawyer would like to pay a bail bondsman a fee to allow the lawyer to place either business cards or a brochure about the lawyer at the bondsman's office. The lawyer will enter into a written agreement with the bondsman so that he understands that the lawyer is not seeking his recommendation, but rather, is paying for the opportunity to advertise the lawyer's services at the bondsman's place of business.
Summary:
A lawyer is ethically prohibited from paying a bail bondsman a fee for placing business cards or a brochure in a bail bondsman's office.
Opinion:
This inquiry does not involve the issue of advertising under the facts presented. SCACR 407, Rule 7.2(c) states: A lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may pay the reasonable cost of advertisements or communication permitted by this Rule and may pay the usual charges of a not-for profit lawyer referral service or other legal service organization. Because payment would violate Rule 7.2(c), such an arrangement would be prohibited. Regardless of any agreement between the bail bondsman and the attorney, it will appear to the customers of the former that he is recommending the attorney. This may involve solicitation, an issue that the committee in this opinion does not address.