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 98-06
Law Firm wishes to place an announcement in a newspaper of general circulation announcing that "X has been employed by the firm in the administrative position of Executive Director of Government Affairs." X is a nonlawyer lobbyist who will be an employee of the firm.
Question:
Considering Ethics Advisory Opinion No. 90-23, may a law firm publish an advertisement in simple tombstone form in a newspaper of general circulation that "X has been employed by the firm in the administrative position of Executive Director of Government Affairs" where X is a non-lawyer lobbyist?
Summary:
As long as the advertisement complies with RPC 7.2, Rule 407, SCACR, and in particular Rule 7.2 (d), it is permissible.
Opinion:
Although the title of "Executive Director of Government Affairs" may be capable of being misunderstood or misinterpreted, it does not rise to the level of being materially misleading. The statement in the advertisement that the person has been employed by the firm in an administrative position would tend to indicate that the person is not a lawyer or at least would not be serving in a legal capacity. This description of the position also would tend to indicate that the person would not be exercising control over lawyers in the firm.
Moreover, since the firm would have to comply with the provisions of RPC 7.2(d) regardless of whether it considered the advertisement to be "in simple tombstone form", it should clarify any potential misunderstanding or misinterpretation of the term "Executive Director."