If a South Carolina lawyer sends a solicitation letter with a marketing videotape, must the required advertising disclaimers appear on both?

Plain-English summary

A lawyer wanted to send a solicitation letter to a prospective client that included a pre-recorded videotape as part of the marketing package, and asked which rules govern the videotape's content and how the required advertising label must be incorporated. The committee concluded the disclosure requirements apply fully to both pieces.

The committee reasoned that Rule 7.3 applies to "every written or recorded communication from a lawyer soliciting professional employment from a prospective client," and that the rule cannot be relaxed when a letter and video travel together in one package. Both the letter and the videotape must therefore include the reference to "advertising material" required by Rule 7.3(c)(1); the quoted language about the South Carolina Bar Lawyer Referral Service and the disclaimer in Rule 7.3(c)(2)(A) and (B); and the notice about complaints and the contact information for the Board of Commissioners on Grievances and Discipline required by Rule 7.3(c)(3). Because both items are "communications" about the lawyer's services, Rule 7.1 also governs the content and presentation of the videotape.

Currency note

This opinion was issued in 1996, 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 Treat this page as historical context, not current guidance.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: Does a solicitation videotape need the same disclaimers as a solicitation letter?

A: The committee concluded yes. The Rule 7.3(c) requirements apply to both the letter and the videotape, so the advertising label and the required notices must appear in each.

Q: Which specific notices are required?

A: The committee listed the "advertising material" reference under Rule 7.3(c)(1), the referral-service language and disclaimer under Rule 7.3(c)(2)(A) and (B), and the complaint notice and Board contact information under Rule 7.3(c)(3).

Q: Does Rule 7.1 apply to the video too?

A: The committee concluded that because the videotape is a communication about the lawyer's services, Rule 7.1 governs its content and presentation.

Background and rules framework

The opinion applied Rule 7.3 (direct contact with prospective clients, including the recorded-communication disclosure requirements of subsection (c)) and Rule 7.1 (false or misleading communications), each corresponding to the like-numbered Model Rule as the rules stood in 1996.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 7.3(c) / Model Rule 7.3: required notices and disclaimers on recorded and written solicitations.
• South Carolina RPC 7.1 / Model Rule 7.1: false or misleading communications about a lawyer's services.

See also

• SC Bar Ethics Op. 96-08: Paying a Bondsman to Place Cards
• SC Bar Ethics Op. 95-31: Filing Mass Solicitation Letters

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-96-20/

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 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.