South Carolina Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the South Carolina Bar, with full citations and source links on every page.
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Does a very short radio-dashboard or online ad showing only a firm name, the word 'Call,' and a phone number have to include the lawyer's full name and office address?
No. Because the proposed text contains no substantive advertising statements, only the firm name, the word 'Call,' and the firm's phone number, it does not trigger Rule 7.2(d)'s name-and-address requi…
Can a lawyer pay for a featured placement on a lawyer-rating directory like Expertise.com that calls listed lawyers 'experts'?
No. Because the Expertise.com name and content hold lawyers out as 'experts' in violation of Rule 7.4(b), a lawyer may not participate in or pay for placement on the site at all; a lawyer is responsib…
Can a lawyer pay an annual fee to a company so the lawyer is listed as an 'identified' service provider on a bank's loan-closing forms?
Yes. The bank-form listing only gives contact information and is closer to a paid directory listing than a recommendation, so the annual fee fits Rule 7.2(c)(1)'s exception for the reasonable costs of…
Can a lawyer bid on a competitor's name as a search-engine keyword so the lawyer's ad shows up when someone searches for that competitor?
Yes. A lawyer may use competitive keyword advertising that includes other lawyers' or firms' names, subject to all other advertising rules and avoiding derogatory messages; but surreptitiously redirec…
Can a lawyer let a chiropractor pay part of the lawyer's advertising costs in exchange for client referrals?
Yes. A non-lawyer such as a chiropractor may fund a lawyer's advertising in exchange for referrals, but the arrangement creates a Rule 1.7 conflict that requires the lawyer to disclose the relationshi…
Can a lawyer advertise a 'Best Lawyers' or 'Super Lawyers' designation and use the organization's badge in marketing?
Yes, if the designation rests on strict, objective, verifiable standards, the standards (or where to find them) and the year are disclosed, the source is clearly attributed, no payment is required to …
Can a lawyer with a virtual practice use a post office box, instead of a home or street address, as the office address in advertising?
Yes. A post office box satisfies Rule 7.2(d)'s requirement of an office address for at least one responsible lawyer, provided the PO box is on file as the lawyer's current mailing address in the Attor…
Can a lawyer use an online flat-fee referral service that takes a 'per service marketing fee' calculated as a cut of the fee earned on each matter?
No. A per-service fee tied to the amount the lawyer earns is improper fee sharing with a non-lawyer under Rule 5.4(a), and even if it were not, it is paying for a referral that no Rule 7.2(c) exceptio…
Can a solo-owned LLC name the firm after the owner and two long-term salaried associates, like 'S, T and U Law Firm, LLC'?
Yes. Because the three lawyers actually practice law together and the 'LLC' designation negates any partnership implication, the firm name is not misleading and does not violate Rules 7.1 or 7.5.
May a lawyer list a professional certification, like the CIPP/US privacy designation, after their name in an email signature block?
Yes. A truthful, objectively verifiable certification from a recognized organization, available to lawyers and non-lawyers alike, may be listed because it is informational and not misleading, and Rule…
Can a law firm hand out boxes of donuts, branded koozies, and discount coupons to the banks and real estate agents that refer it clients?
Yes. Giving gifts and marketing materials to referral sources is permitted as long as the gifts are delivered regardless of whether or how many clients the source referred, so there is no quid pro quo…
Can a lawyer pay a real estate agency a monthly fee to be listed as a 'Preferred Closing Attorney' with access to agents and meetings?
No. Paying for 'Preferred Closing Attorney' status violates Rule 7.2(c), because everything bought (the listing, advertising placement in the agency's office, and access to agents and meetings) is des…
Can a lawyer join a for-profit company's co-op TV ad campaign that rotates incoming calls among participating lawyers?
Yes, if carefully structured. A rotation-based group TV ad with a for-profit company is the reasonable cost of advertising under Rule 7.2(c)(1), not a prohibited for-profit referral service, provided …
Can lawyers who share an office but keep separate finances, staff, and trust accounts call themselves an LLP 'law firm' partnership?
No. Holding out largely independent practices that do not share profits as a partnership or LLP is misleading to the public under Rules 7.1 and 7.5(d); a firm name may state or imply a partnership onl…
Must a law firm's billboard advertising in South Carolina name a South Carolina-licensed lawyer, and may the billboard show the likenesses of firm members not licensed in South Carolina?
An out-of-state firm may advertise on billboards in South Carolina and include images of firm members not licensed in South Carolina, if the billboard meets all South Carolina advertising rules. Rule …
Can a South Carolina lawyer answer legal questions for pay on a site like JustAnswer.com?
Not on a site like JustAnswer.com. Its use of 'expert,' testimonials and endorsements without required disclaimers, and buried disclaimers that try to deny an attorney-client relationship while inviti…
May a lawyer use a 'daily deal' website (like Groupon) to sell vouchers redeemable for discounted legal services such as preparing a will?
Yes. Using a daily-deal website to sell vouchers for discounted legal services does not violate the Rule 5.4(a) bar on sharing fees with a non-lawyer; the site's percentage is a permitted advertising …
May a lawyer offer free basic powers of attorney to the public in exchange for the client donating at least $25 to a charity or religious organization?
Yes. The program does not violate the rules as long as the lawyer does not let the charity influence his independent judgment. The donations are not legal fees, are not an improper referral fee under …
May a plaintiff's lawyer agree, as a settlement condition, not to use the defendant's name for commercial or publicity purposes in future advertising?
No. A settlement may not be conditioned on the lawyer relinquishing a right inherent in the practice of law. Because lawyer advertising is a protected First Amendment right, a term barring the plainti…
Does a South Carolina lawyer have to follow Rule 7.3's targeted-solicitation rules when mailing letters offering legal services to everyone in a retirement community or zip code?
No. Letters advertising a lawyer's general availability sent to everyone in a geographic area, such as a retirement community or zip code, are not Rule 7.3(d) solicitations of people known to need leg…
If a website like Avvo or Martindale builds a profile and rating for a South Carolina lawyer without the lawyer's involvement, may the lawyer claim the listing and invite peers and clients to post ratings and comments?
A lawyer may claim the listing, but by claiming it the lawyer becomes responsible for all of its content, which is then governed by the advertising rules (Rules 7.1 and 7.2). A lawyer may invite peer …
Can a South Carolina lawyer hand out fee-discount coupons to homebuyers through real estate agents and mortgage loan originators?
The committee concluded no: having a real estate agent or loan originator personally deliver the lawyer's fee-discount coupons to homebuyers known to need closing services was in-person solicitation b…
Can a lawyer appear in a 'team approach' radio advertisement paid for by a real estate company that refers closings to the lawyer's firm?
Yes, if the lawyer pays the reasonable cost of the advertisement and the ad complies with the advertising rules. Rule 7.2(c)(1) lets a lawyer pay the reasonable costs of advertisements, the ad must sa…
Can a lawyer use one professional name and a different married name in private life, and can her firm keep her former name in the firm name after she changes it?
Yes to both. A lawyer may use different professional and private names. A continuing firm may keep a member's former name as a trade name even after she changes her last name, so long as it is not mis…
Can a lawyer accept referrals from a trade association he belongs to if he offers the association's members discounted fees?
Yes. The opinion concludes a lawyer may receive referrals from a trade association he belongs to, provided he gives the association nothing of value in exchange for the referrals; the trade associatio…
Can a solo lawyer who only does lobbying name his firm 'John Doe and Associates' and list nonlawyer employees on the letterhead?
No to the name: with only one lawyer, 'and Associates' is misleading and violates Rules 7.5(a) and 7.1. The letterhead is acceptable if 'and Associates' is deleted and the nonlawyer employees are clea…
Can a South Carolina lawyer team with an out-of-state law firm to jointly market entity-formation services where the SC lawyer provides all legal advice?
Yes, if the advertising rules are followed. The South Carolina lawyer must provide all legal advice and supervise the out-of-state firm's fact-gathering. The arrangement is not a referral service beca…
Can a lawyer who also owns a title insurance agency advertise that affiliation on the law firm's website, letterhead, and business cards?
Yes, if the advertising complies with Rules 7.1 and 7.5. The current rules no longer bar listing an ancillary business, but the lawyer must observe the conflict rules (1.7 and 1.8) when the law practi…
Can a lawyer run a law office and a separate non-law business the lawyer owns from the same office, sharing a receptionist and open-cubicle staff space?
Yes, a lawyer may run a law practice and a separately owned business from the same location, but the lawyer remains bound by the Rules of Professional Conduct; the opinion warns that a shared receptio…
Can a multi-state firm's South Carolina office display business cards of firm lawyers not licensed in South Carolina that show the South Carolina address?
No, not without a disclaimer. The South Carolina office may not display the cards of its non-South Carolina lawyers showing the South Carolina address unless the cards state the lawyer is not admitted…
Can a law firm use a descriptive website address that names its field of practice, like bankruptcylawyer.com?
Yes, as long as the address is not false or misleading. A descriptive URL controlled by South Carolina lawyers is permissible if it complies with the trade-name and advertising rules (7.5, 7.1, 7.4) a…
When out-of-state co-counsel runs ads that may refer cases to a South Carolina firm, must the South Carolina firm be named in the ads?
Yes. If the ads may result in a referral to the South Carolina firm, the firm should be identified. An ad omitting its involvement can be materially misleading under Rule 7.1, and Rule 7.2(e) and 7.2(…
Can a lawyer who is not a certified specialist use a trade name that names a practice area, like 'Midlands Bankruptcy Counselors, LLC'?
The committee concluded a lawyer may include a practice area in a firm trade name even without specialist certification, as long as the firm actually concentrates in that area; naming a practice area …
Can a lawyer practice under the trade name 'Capitol Counsel, L.L.C.' without implying a connection to a government agency?
The committee concluded the trade name 'Capitol Counsel, L.L.C.' does not violate Rule 7.5, because 'capitol' refers to a legislative building rather than any state agency and is unlikely to imply a c…
If a lawyer referral service gives a lawyer a prospective client's contact information but the client never calls, may the lawyer reach out to see if they still need help?
The committee concluded that, absent the client's consent, Rule 7.3(a) bars the lawyer from making in-person or live telephone contact to solicit a prospective client who only received the lawyer's na…
Can a lawyer pay an Internet service for leads, whether a flat monthly fee or a charge per click or referral, without violating the rule against paying for recommendations?
The committee concluded a lawyer may pay an open-to-all Internet service either a flat advertising fee or a per-hit charge, treating per-hit pricing as a measure of advertising effectiveness rather th…
Can a lawyer join a free online service that matches consumers with attorneys and emails the lawyer about cases?
On a limited review, the committee concluded that participation in the free online attorney-matching service appeared ethically permissible because the consumer (not the lawyer) initiates the contact,…
Can a lawyer hold a free public seminar on a legal topic, with a Q&A session and individual consultations afterward?
The committee concluded that an attorney generally may conduct a free public seminar on a legal topic and provide general legal information to the public, subject to Rule 7.1 (no false or misleading c…
What must lawyers do when a client builds a litigation web page, without their knowledge, that names them and solicits other victims to come forward?
The committee concluded the lawyers must review the page and counsel the client about it; because using the page is a 'means' of the litigation, the decision is the lawyers' to make under Rule 1.2(a),…
Which advertising rules apply when lawyers post free profiles and buy banner ads on a commercial legal-directory website?
The committee concluded that the advertising rules (Rules 7.1, 7.2, 7.4, and 7.5) apply to the lawyer's own communications and banner advertising on the site, while Rule 7.3 (solicitation) does not, b…
Can lawyers join an advertising cooperative that runs anonymous TV ads and screens callers before referring them out?
The committee concluded participation is unethical: the anonymous advertising would not satisfy Rule 7.2's disclosure requirements (a responsible lawyer's name, disclosure of cost-sharing among unrela…
How should a firm list a retiring partner who forms his own PA but stays in the building as Of Counsel?
The committee concluded the firm's letterhead should indicate that the retiring lawyer is 'Of Counsel' to the firm and that he practices through his own professional association, and that the firm's a…
Must a lawyer who advertises practice areas disclose that he is not certified to try state-court cases alone and is not admitted to practice in bankruptcy court?
The committee concluded that a practice-area advertisement is false and misleading under Rule 7.1 if it omits that the lawyer lacks Rule 403 certification (so cannot appear alone in the trial of a sta…
Can a law firm publish a newspaper announcement that a nonlawyer lobbyist has joined the firm as 'Executive Director of Government Affairs'?
The committee concluded the announcement is permissible if it complies with Rule 7.2 (especially Rule 7.2(d)): describing the nonlawyer's role as an administrative position is not materially misleadin…
Can a South Carolina lawyer send direct-mail solicitations to companies and seminar attendees not known to need legal services, and which Rule 7.3 notice and filing requirements apply?
The committee concluded the lawyer may send direct-mail solicitations and brochures to companies and seminar attendees not known to need legal services; only solicitations to prospective clients known…
Can a South Carolina lawyer who is a certified mediator list that certification on the lawyer's letterhead and business cards?
The committee concluded a lawyer who is a certified mediator may state that designation on letterhead and business cards, because the designation is truthful and does not falsely imply specialization …
Can a South Carolina law firm form a wholly attorney-owned subsidiary to market its tax-free exchange legal services and advertise it as a legal affiliate of the firm?
The committee concluded forming an attorney-owned subsidiary to provide legal services is ethically permissible, and both the firm and the subsidiary remain bound by the advertising rules (7.1, 7.2, 7…
Can a South Carolina lawyer give new residents a discount coupon for legal fees through a Welcome Wagon packet and follow up by letter if they do not respond?
The committee concluded a lawyer may offer a discount coupon for legal services so long as it is not false or misleading, but a follow-up letter to a non-responding recipient has the potential to viol…
If a South Carolina lawyer sends a solicitation letter with a marketing videotape, must the required advertising disclaimers appear on both?
The committee concluded the Rule 7.3(c) requirements apply to both the letter and the videotape in a single marketing package, so the advertising-material label and the other required notices and disc…
Can a South Carolina lawyer pay a bail bondsman a fee to keep the lawyer's business cards or brochures in the bondsman's office?
The committee concluded a lawyer may not pay a bail bondsman a fee to place the lawyer's cards or brochures in the bondsman's office, because Rule 7.2(c) bars giving anything of value for recommending…
Can a South Carolina lawyer list non-legal credentials like 'Master Mariner' or 'First Class Pilot' on the law firm letterhead?
The committee concluded the proposed letterhead may violate Rules 7.4(b) and 7.5 by improperly implying the lawyer is an expert, specialist, or authority in admiralty law without certification, and ma…
Can a South Carolina law firm advertise the year it was 'established' based on when its founding partner began practicing law?
The committee concluded a firm may state it was established when its founding partner began practicing, as long as the founding partner's name appears in the firm name and the practice has been a cont…
Must a South Carolina lawyer file every mass solicitation letter with the Board, or only those sent to people known to need legal services?
The committee concluded that although Rule 7.3(d) is ambiguous, the reasonable reading is that the filing requirement applies only to written solicitations subject to Rule 7.3(c), meaning those target…
Can a South Carolina law firm run an advertisement seeking a named representative for a class action before any suit is filed?
The committee concluded a general media advertisement seeking a class representative is governed by Rules 7.1 and 7.2, not the targeted-solicitation rule 7.3, and need not be labeled as a solicitation…
Can a South Carolina lawyer list a former judicial clerkship on a firm announcement, and practice solo in one city while in a partnership in another?
The committee concluded a former law clerk may list that clerkship on a firm announcement so long as it is not false or misleading under Rule 7.1, and a lawyer may practice as a sole practitioner in o…
Can a South Carolina lawyer direct or staff a membership association's legal services plan and pay to be listed in its lawyer directory?
The committee concluded a lawyer may be employed as director or as a screening telephone operator for the association's legal services division under Rule 1.13, may pay an annual fee to be listed in i…
Can a former government lawyer put the state seal or the scales of justice on a private-practice business card?
The committee concluded that using the scales of justice on a card is appropriate because it accurately signals a legal professional, but using the state seal would be misleading under Rule 7.1 by sug…
Can a lawyer set up an online law office to give legal information and advice nationwide, and what limits apply?
The committee concluded that offering general legal information online is permitted, but running an electronic law office raises advertising, multijurisdictional-practice, conflicts, and confidentiali…
Does a lawyer's mailed brochure that contains only information allowed by the advertising rule still have to follow the direct-solicitation rule?
The committee concluded that Rule 7.2 does not stand apart from Rule 7.3, so a mailed brochure must comply with Rule 7.3(b), and the Rule 7.3(c) notices are required only when it is sent to a recipien…
Can a lawyer send other lawyers a letter offering to serve as a mediator, and does the solicitation rule govern it?
The committee concluded that a letter to other lawyers offering mediation services is not a solicitation of legal employment, so Rule 7.3 does not apply, but the lawyer must still avoid false or misle…
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Legal ethics opinions from the South Carolina Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.