Can a lawyer who is also licensed in another profession, like medicine, advertise both credentials together?

Plain-English summary

Lawyer A employed B, who was licensed both as a medical doctor and as a lawyer. A and B wanted to run a television commercial in which B would advertise being licensed in both professions, and they asked the committee whether B's dual professional role created a problem in connection with the law practice.

The committee concluded that the advertising rules did not prohibit a lawyer from indicating that the lawyer was also licensed in another profession such as medicine. It pointed to Rules 7.1 through 7.5 as the governing media-advertising rules and found no bar to noting the second license. The limit the committee identified was the general one against false or misleading communications: care had to be taken to avoid any advertisement that created improper expectations or made improper comparisons with the abilities of other lawyers, as Rule 7.1 prohibited.

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 Treat this page as historical context, not current guidance.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: Could the lawyer-doctor mention both licenses in a TV ad?

A: Yes. The committee found no ethical prohibition against a lawyer noting a license to practice a second profession, citing Rules 7.1 through 7.5.

Q: What was the limit on advertising the second profession?

A: The lawyer had to avoid statements likely to create a false impression about the significance of the second profession to the legal work, and could not make improper comparisons with other lawyers, as Rule 7.1 prohibited.

Background and rules framework

The opinion applied South Carolina's lawyer-advertising rules, Rules 7.1 through 7.5, which correspond to like-numbered Model Rules. Rule 7.1 prohibits false or misleading communications about a lawyer or the lawyer's services, including comparisons with other lawyers that cannot be factually substantiated.

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 7.1 through 7.5 / Model Rules 7.1 through 7.5: the framework governing lawyer advertising and communication of fields of practice.

See also

• SC Bar Ethics Op. 93-17: Musical Jingles in Lawyer Ads
• SC Bar Ethics Op. 04-11: Sharing Office With Own Business
• SC Bar Ethics Op. 03-04: The Trade Name 'Capitol Counsel'

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-93-10/

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 93-10

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.