Can a law firm publish a newspaper announcement that a nonlawyer lobbyist has joined the firm as 'Executive Director of Government Affairs'?

Plain-English summary

A law firm wanted to place a tombstone-style announcement in a newspaper of general circulation stating that "X has been employed by the firm in the administrative position of Executive Director of Government Affairs," where X was a nonlawyer lobbyist who would be a firm employee. The inquiry asked whether, in light of Opinion 90-23, such an announcement was permissible.

The committee concluded it was, so long as it complied with Rule 7.2 (Rule 407, SCACR), particularly Rule 7.2(d). It reasoned that although the title "Executive Director of Government Affairs" could be misunderstood, it did not rise to the level of being materially misleading. Describing the role as an administrative position would tend to indicate the person was not a lawyer, or at least was not serving in a legal capacity, and that the person would not be exercising control over the firm's lawyers.

The committee added that because the firm would have to comply with Rule 7.2(d) regardless of whether it viewed the announcement as a "simple tombstone" form, it should clarify any potential misunderstanding or misinterpretation of the term "Executive Director."

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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 firm announce a nonlawyer's hire in the newspaper?

A: The committee concluded yes, where the announcement complies with Rule 7.2 (particularly 7.2(d)); describing the role as an administrative position signals the person is not acting as a lawyer.

Q: Is the title "Executive Director of Government Affairs" materially misleading?

A: The committee found it could be misunderstood but did not rise to the level of materially misleading, because it indicates an administrative, non-legal role and no control over the firm's lawyers.

Q: What should the firm do about the title's potential to confuse?

A: The committee said the firm should clarify any potential misunderstanding of the term "Executive Director," and must comply with Rule 7.2(d) regardless of the announcement's format.

Background and rules framework

The opinion applied South Carolina RPC 7.2 (Rule 407, SCACR), corresponding to Model Rule 7.2 on advertising, and specifically Rule 7.2(d), to a firm's public announcement of a nonlawyer employee's position. It treated the "materially misleading" standard as the dividing line for permissibility.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 7.2, 7.2(d) (Rule 407, SCACR) / Model Rule 7.2: lawyer advertising and required content.

Other opinions cited:

• S.C. Bar Ethics Op. 90-23: referenced in the inquiry on announcing a nonlawyer's firm position.

See also

• SC Bar Ethics Op. 02-18: Hiring a Nonlawyer Lobbyist
• 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-98-06/

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 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."