Ezel / Ethics Opinions / SCBAR
SCBAR 2004

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?

Short answer: 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 to practice in South Carolina, per Rules 7.1 and 7.5(a)-(b).

Apply this to your situation

This page answers the general question as of 2004. Ezel answers yours: whether it's allowed on your facts, under the current South Carolina Rules of Professional Conduct, with citations.

Currency note: this opinion is from 2004
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer licensed in South Carolina worked as an associate in the South Carolina office of a multi-state firm. Some firm members were licensed in other jurisdictions but not in South Carolina. The associate asked whether the South Carolina office could display the business cards of those non-South Carolina lawyers when the cards showed the South Carolina office address.

The committee answered no, absent a disclaimer. It concluded that displaying the cards of non-South Carolina lawyers bearing the South Carolina office address, without a statement that the lawyer is not admitted to practice in South Carolina, is impermissible under South Carolina Rules of Professional Conduct 7.1 (false or misleading communications) and 7.5(a) and (b) (firm names and letterhead). The opinion's reasoning is that a card showing the South Carolina address, without the disclaimer, could mislead as to whether the listed lawyer is authorized to practice in South Carolina.

In practice

Under this opinion, on the facts presented, a multi-state firm's South Carolina office cannot put out the cards of firm lawyers who are not admitted in South Carolina when those cards carry the South Carolina address, unless the cards disclaim South Carolina admission. The committee grounded that in Rule 7.1 and Rule 7.5(a)-(b); the disclaimer is what cures the otherwise misleading impression.

Common questions

Q: Can our South Carolina office display business cards for firm lawyers licensed only in other states?

A: Not when the cards show the South Carolina address and lack a disclaimer. The committee concludes the cards may not be displayed unless they state the lawyer is not admitted to practice in South Carolina.

Q: What fixes the problem?

A: A disclaimer on the card that the out-of-state lawyer is not admitted to practice in South Carolina. The opinion ties the requirement to Rules 7.1 and 7.5(a)-(b).

Background and rules framework

The opinion applies South Carolina's versions of Model Rule 7.1 (communications about a lawyer's services) and Model Rule 7.5 (firm names and letterhead), specifically subsections 7.5(a) and (b), at SCACR 407.

Citations and references

Rules of Professional Conduct:

  • MR 7.1 / SC Rule 7.1 (false or misleading communications)
  • MR 7.5 / SC Rule 7.5(a), (b) (firm names and letterhead; jurisdictional limitations)

See also

Source

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 04-09

RULES 7.1, 7.5(a) AND 7.5(b)

Facts
A lawyer licensed in South Carolina is an associate in the South Carolina office of a multi-state firm, some of whose members are licensed in other jurisdictions but not in South Carolina. The South Carolina associate of the multi-state firm has inquired as to the ethical propriety of displaying in the South Carolina office the business cards of the non-South Carolina lawyers, which reflect the address of the South Carolina office.

Question
May the South Carolina office of a multi-state firm display the business cards of the various members who are not licensed in South Carolina but whose business cards reflect the address of the South Carolina office?

Summary and Opinion
No. Absent a disclaimer that the out-of-state lawyer is not admitted to practice in South Carolina, the South Carolina office of a multi-state firm may not display the business cards of its non-South Carolina lawyers, which reflect the address of the South Carolina office. See SCACR 407, South Carolina Rules of Professional Conduct 7.1, 7.5(a) and 7.5(b).

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