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?

Plain-English summary

A lawyer who lives in North Carolina is the only South Carolina-licensed lawyer in a North Carolina firm. The firm wants to advertise on billboards in South Carolina, including the likenesses of all firm members and identifying the South Carolina-licensed lawyer. The inquiry asked whether all South Carolina advertisements, including billboards, must contain the name of a South Carolina-licensed attorney, and whether the likenesses of other firm attorneys, licensed in South Carolina or not, may appear.

The committee concluded that an out-of-state firm may advertise on South Carolina billboards and include pictures of firm members not licensed in South Carolina, so long as the billboard meets all South Carolina advertising regulations. Rule 7.2(d) requires that any communication include "the name and office address of at least one lawyer responsible for its content," with no requirement as to font size, color, or placement and no requirement that the responsible lawyer be licensed in South Carolina.

The committee distinguished its Ethics Advisory Opinion 04-09. There, a South Carolina lawyer in a multi-state firm wanted to display in his South Carolina office the business cards of the firm's non-South Carolina lawyers, listing only the South Carolina branch address; the committee found that misleading because there was no disclaimer that those lawyers were not admitted in South Carolina and the cards omitted the actual North Carolina address where those lawyers worked. The difference, the committee said, is that the cards set forth misleading information by listing only the South Carolina address. As long as the billboard advertises the firm generally, which (by virtue of employing a South Carolina-licensed lawyer) can provide legal services in South Carolina, and does not advertise for the persons pictured or otherwise mislead the public into thinking those pictured are the ones who will perform services in South Carolina, the billboard is acceptable as proposed (see also Rule 7.2(h)). The committee cautioned that Rules 7.1 through 7.5 apply, including Rule 7.2(a)'s requirement that all advertisements be predominantly informational.

In practice

The opinion holds that, under South Carolina Rule 7.2(d), a law firm's billboard advertising in South Carolina must include the name and office address of at least one lawyer responsible for the content, but that lawyer need not be licensed in South Carolina, and the billboard may show the likenesses of firm members not licensed in South Carolina if all the South Carolina advertising rules are met. The opinion conditions this on the billboard advertising the firm generally (which can serve South Carolina clients because it employs a South Carolina-licensed lawyer) and not advertising the pictured individuals or misleading the public into thinking the pictured lawyers will perform the South Carolina services. The opinion notes Rules 7.1 through 7.5 apply, including Rule 7.2(a)'s predominantly-informational requirement, and distinguishes Opinion 04-09, where business cards listing only a South Carolina address for out-of-state lawyers were misleading.

Common questions

Q: Must a South Carolina law firm advertisement name a South Carolina-licensed lawyer?

A: No. The committee said Rule 7.2(d) requires the name and office address of at least one lawyer responsible for the content, but does not require that lawyer to be licensed in South Carolina.

Q: Can an out-of-state firm's billboard show lawyers who are not licensed in South Carolina?

A: Yes. The committee said an out-of-state firm may include pictures of firm members not licensed in South Carolina, provided the billboard meets all South Carolina advertising regulations.

Q: What makes such an advertisement misleading?

A: Implying the pictured lawyers will do the South Carolina work, or omitting their real location. The committee distinguished Opinion 04-09, where business cards listing only a South Carolina address for non-South Carolina lawyers were misleading, and cautioned the billboard must not advertise the pictured individuals or suggest they will perform the South Carolina services.

Q: What other advertising rules apply?

A: Rules 7.1 through 7.5. The committee specifically flagged Rule 7.2(a)'s requirement that all advertisements be predominantly informational in both quantity and quality.

Background and rules framework

The opinion interprets South Carolina Rule 7.2(d) (name and office address of at least one responsible lawyer), Rule 7.2(a) (advertisements must be predominantly informational), and Rule 7.2(h), within the broader set of Rules 7.1 through 7.5, which correspond to the like-numbered Model Rule advertising provisions of the period. The analysis turns on whether the advertisement is for the firm generally and accurately presented, rather than implying that pictured out-of-state lawyers will perform the South Carolina services.

Citations and references

Rules of Professional Conduct:

• MR 7.2 / SC Rule 7.2(d) (name and office address of at least one responsible lawyer), 7.2(a) (predominantly informational), 7.2(h)
• SC Rules 7.1 through 7.5 (lawyer communications and advertising, generally applicable)

Other opinions cited:

• SC Ethics Advisory Opinion 04-09 (display of non-SC lawyers' business cards with only a SC address was misleading)

See also

• SC Bar Ethics Op. 04-09: Displaying Out-of-State Lawyers' Business Cards
• SC Bar Ethics Op. 05-12: Teaming With an Out-of-State Firm

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-12-09/
• Original PDF: https://www.scbar.org/media/wtfhtzqe/12-09.pdf

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 12-09

SC Rules of Professional Conduct: 7.2

Facts

A lawyer who lives in North Carolina is the only South Carolina licensed lawyer in a North Carolina law firm. The firm wants to advertise using billboards in South Carolina. The firm proposes to include the likenesses of all of the firm members on the billboard and identify the South Carolina licensed lawyer.

Questions

Must all advertisements, including billboards, in South Carolina contain the name of a licensed South Carolina attorney?

May the likeness of other attorneys in the firm, who may or may not be licensed in South Carolina, appear in South Carolina advertisements?

Summary

An out of state law firm may advertise on billboards in South Carolina and include pictures of firm members not licensed in South Carolina, provided the billboard meets all South Carolina advertising regulations.

Opinion

When an attorney or law firm advertises for legal services in South Carolina, there are required disclaimers and disclosures intended to avoid misleading the public about the nature of services rendered and those who will be providing the services. Rule 7.2(d) states “Any communication made pursuant to this Rule shall include the name and office address of at least one lawyer responsible for its content.” There is no requirement as to a particular font size, color, or placement of the required information, nor is there any requirement that the responsible lawyer be licensed in South Carolina.

The inquirer’s scenario is distinguishable from the one addressed in EA Op. 04-09. In 2004, a South Carolina lawyer in a multi-state firm wanted to display in his South Carolina office the business cards of the firm’s non-South Carolina lawyers. The business cards proposed for display only listed the address of the South Carolina branch of the firm. The Committee determined that since there was no disclaimer that those lawyers are not admitted to practice in South Carolina, the display of the business cards with only South Carolina contact information was misleading. The difference between the business cards and the billboards at issue in this situation is that the cards set forth misleading information by listing the South Carolina address only, thereby omitting the actual address in North Carolina where the listed persons worked. As long as the proposed billboard advertisement is for the firm generally, which by virtue of its employment of a South Carolina licensed lawyer can provide legal services in South Carolina, and does not advertise for the persons directly pictured or otherwise mislead the public into the perception that those pictured are the ones who will actually perform services in South Carolina, the billboard is acceptable as proposed. See also Rule 7.2(h).

The Committee cautions that Rules 7.1 through 7.5 apply, including Rule 7.2(a) which states that “all advertisements shall be predominantly informational such that, in both quantity and quality, the communication of factual information rationally related to the need for and selection of a lawyer predominates and the communication includes only a minimal amount of content designed to attract attention to and create interest in the communication.”