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 96-20
Attorney wishes to send a letter to a potential client seeking to solicit professional employment to include a pre-recorded videotape as part of the marketing package. What specific provisions of the Rules of Professional Responsibility govern the content and presentation of the videotape, and how must the required language labeling the matter as an advertisement be incorporated into the videotape or enclosures?
Summary:
The requirements of Rule 7.3(c) apply to the contents of both the letter and the videotape, and the specific language required to be included by the rule must be included in each.
Opinion:
Rule 7.3 applies to "[e]very written or recorded communication from a lawyer soliciting professional employment from a prospective client . . ." The Committee does not believe that the rule can be relaxed in any way when the letter and video are included in a single marketing package. Thus, both the letter and the videotape must include reference to "advertising material" as required by Rule 7.3(c)(1); the quoted language regarding the South Carolina Bar Lawyer Referral Service as well as the disclaimer set forth in Rule 7.3(c)(2)(A) and (B); and the notice regarding complaints and the contact information for the Board of Commissioners on Grievances and Discipline as required by Rule 7.3(c)(3).
Additionally, because both the letter and the videotape constitute "communications" regarding the lawyer's services, the provisions of Rule 7.1 must also apply to the content and presentation of the videotape.