Can a lawyer sponsor a Welcome Wagon program that has hostesses hand out the lawyer's cards or brochures to new residents?

Plain-English summary

A lawyer was approached to sponsor a "Welcome Wagon" program in which hostesses visit new residents and present gifts, brochures, and information about local retail establishments and professionals, the hostess being paid a nominal per-sponsor fee for each presentation. The lawyer asked, in several variations, whether sponsoring the program was ethical, including whether it mattered if the hostess handed out only a greeting card with the lawyer's name and contact information, an informative brochure about legal rights that also named the lawyer, or an outright firm advertisement, and whether labeling the material as advertising would cure any problem.

The committee addressed only the general question and concluded that advertising through the Welcome Wagon program does not appear to be prohibited by the Rules of Professional Conduct. It is, however, advertising and therefore subject to the restrictions of Rule 7.2; and because 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.

Currency note

This opinion was issued in 1993, before the South Carolina Bar's adoption of the 2005 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer sponsor a Welcome Wagon program that distributes the lawyer's materials?

A: The committee concluded it is not prohibited, but the distribution is advertising subject to Rule 7.2, and the materials must satisfy Rules 7.1, 7.2, and 7.3.

Q: Do the Welcome Wagon contacts count as solicitation?

A: The committee said some of the contacts involve solicitation, so Rule 7.3 applies in those cases in addition to the general advertising rules.

Q: Did labeling the materials as advertising resolve the questions?

A: The committee addressed only the general question and did not separately resolve each variation; it held that any written materials must in all events meet Rules 7.1, 7.2, and 7.3.

Background and rules framework

The opinion applied Rule 7.1 (false or misleading communications), Rule 7.2 (advertising), and Rule 7.3 (solicitation of clients), which correspond to like-numbered Model Rules. The committee treated the Welcome Wagon distribution as advertising, with solicitation rules attaching to direct contacts.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 7.1 / Model Rule 7.1: a lawyer shall not make a false or misleading communication about the lawyer or the lawyer's services.
• South Carolina RPC 7.2 / Model Rule 7.2: advertising.
• South Carolina RPC 7.3 / Model Rule 7.3: solicitation of clients.

See also

• SC Bar Ethics Op. 93-17: Musical Jingles in Lawyer Ads
• SC Bar Ethics Op. 93-21: Calling Referral-Service No-Shows
• SC Bar Ethics Op. 00-09: Free Public Legal Seminars

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-93-08/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

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.