Can a lawyer hold a free public seminar on a legal topic, with a Q&A session and individual consultations afterward?

Plain-English summary

An attorney who initially asked the committee to review a proposed advertisement wished to conduct a free seminar on bankruptcy protection, open to the general public, with a question-and-answer session afterward and individual consultations available. The question was whether an attorney may conduct a free seminar on a legal topic that is open to the public.

The committee first stated that it cannot approve the wording or content of any proposed advertisement. It then concluded that, in general, an attorney may conduct a free public seminar on a legal topic, subject to restrictions in Rules 7.1 and 7.3. Rule 7.1 prohibits false, misleading, deceptive, or unfair communications about the lawyer or the lawyer's services. Rule 7.3 prohibits in-person or live telephone solicitation of persons with whom the lawyer has had no prior professional relationship, and Rule 7.3(b)(2) recognizes the potential for coercion, duress, harassment, fraud, overreaching, intimidation, or undue influence even in permitted communications. The committee noted these rules concern the lawyer's conduct in soliciting business and do not apply when an individual seeking representation instigates the relationship.

The committee relied on its prior opinions that providing general legal information to the public is permissible: Advisory Opinion 94-27 (maintaining an Internet presence solely to discuss legal topics generally, without giving advice or representing a particular client, is permitted), Advisory Opinion 91-04 (participation in legal education programs and provision of materials to the public is permitted), and Advisory Opinion 90-37 (a lawyer may furnish general legal information to the public so long as it is not false or misleading). On that basis, the committee concluded an attorney may conduct a free seminar providing general legal information to members of the public.

Currency note

This opinion was issued in 2000, 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 Treat this page as historical context, not current guidance.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 hold a free public seminar on a legal topic?

A: The committee concluded yes in general, so long as the lawyer observes Rule 7.1 (no false or misleading communications) and Rule 7.3's limits on solicitation.

Q: Do the solicitation rules apply when an attendee approaches the lawyer for representation?

A: The committee noted Rule 7.3's solicitation limits concern the lawyer's conduct in soliciting business and do not apply when an individual seeking representation instigates the potential attorney-client relationship.

Q: Will the committee approve the wording of the seminar advertisement?

A: No. The committee stated it cannot approve the wording or content of any proposed advertisement.

Background and rules framework

The opinion interpreted South Carolina RPC 7.1 (communications concerning a lawyer's services; no false or misleading communications) and RPC 7.3 (direct contact with prospective clients; limits on in-person and live telephone solicitation), corresponding to the like-numbered Model Rules, drawing on prior Advisory Opinions 94-27, 91-04, and 90-37.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 7.1 / Model Rule 7.1: no false or misleading communications about the lawyer's services.
• South Carolina RPC 7.3, 7.3(b)(2) / Model Rule 7.3: solicitation of clients; in-person and live telephone contact.

Other opinions cited:

• S.C. Bar Advisory Opinion 94-27: Internet presence providing general legal information.
• S.C. Bar Advisory Opinion 91-04: legal education programs and materials to the public.
• S.C. Bar Advisory Opinion 90-37: furnishing general legal information to the public.

See also

• SC Bar Ethics Op. 99-09: A Client's Litigation Web Page

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-00-09/

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 00-09

Attorney wishing the Committee to review a proposed advertisement originally posited this inquiry. Attorney wishes to conduct a free seminar on bankruptcy protection that is open to the general public, with a question and answer session to follow the presentation. Individual consultations are also available.

Question:
May an attorney conduct a free seminar on a topic of law which is open to the public?

Opinion:
The Committee cannot approve the wording or content of any proposed advertisement. In general, an attorney may conduct a free seminar on a topic of law that is open to members of the public; however, the attorney must be aware of certain restrictions contained in Rules 7.1 and 7.3.

Rule 7.1 prohibits attorneys from making any "false, misleading, deceptive or unfair communications about the lawyer or the lawyer's services." Rule 7.3 prohibits the attorney from in-person or live telephone solicitation of persons with whom the lawyer has had no prior professional relationship. Furthermore, Rule 7.3 recognizes the possibility that even permitted forms of communications between an attorney and unrepresented party have the potential for "coercion, duress, harassment, fraud, overreaching, intimidation, or undue influence." Rule 7.3(b)(2). These rules concern only the lawyer's conduct in soliciting business - they do not hold true when an individual seeking representation instigates the potential attorney-client relationship.

The Committee has addressed this similar issue in the past and has reached the conclusion that provision of general legal information to the public is permissible. For example, in Advisory Opinion 94-27, the Committee addressed this issue in the context of maintaining an electronic presence on the Internet for the purpose of providing legal information to the public. That opinion stated, "To the extent that the attorney maintains a presence on electronic media solely for the purpose of discussing legal topics generally, without the giving of advice or the representation of any particular client, this practice would be permitted." (emphasis added). Similarly, Advisory Opinion 91-04 observed that participation in legal education programs and the provision of materials to the public in connection with an educational program is permitted. Finally, Advisory Opinion 90-37 opined that a lawyer could furnish general legal information to the public, provided that the information does not contain any false or misleading information. Thus, the Committee is of the opinion that an attorney may conduct a free seminar on general legal information to members of the public.