Can a lawyer donate legal services to be auctioned at a charity fundraiser?

Plain-English summary

A lawyer wished to donate legal services to be auctioned at a fundraiser for a charity or other "good cause," and asked whether that violates the Rules.

The committee said it is not unethical to donate legal services under these circumstances, but to avoid misleading the recipient the donating lawyer must offer the services with certain express qualifications, clarifications, and reservations: the nature and scope of the donated services should be defined with reasonable specificity; the donated services may not be appropriate for all prospective bidders (for example, a successful bidder for a "simple" case may have circumstances warranting a more elaborate, and substantially more expensive, estate plan); and circumstances may exist that would preclude the lawyer from performing the services for the successful bidder, such as a conflict of interest.

Currency note

This opinion was issued in 1991, 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 Treat this page as historical context, not current guidance.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 auction donated legal services for charity?

A: The committee said yes, donating legal services for a charity auction does not violate the Rules, as long as the offer carries express qualifications to avoid misleading the recipient.

Q: What must the lawyer disclose about the donated services?

A: The committee required defining the nature and scope of the services with reasonable specificity and warning that they may not be appropriate for every bidder's circumstances (for example, a bidder needing a more elaborate, costlier estate plan).

Q: Can the lawyer back out of serving the winning bidder?

A: The committee said the lawyer should note up front that circumstances such as a conflict of interest could preclude performing the services for the successful bidder.

Background and rules framework

The opinion treated the donation of legal services as permissible, focusing on the duty not to mislead the recipient about the scope and limits of the donated work rather than on a single numbered Rule. The qualifications it required track the concern that a winning bidder understand what was, and was not, being provided.

Citations and references

The opinion did not cite specific numbered Rules of Professional Conduct.

See also

• SC Bar Ethics Op. 92-28: Two Group Legal-Services Plans Compared
• SC Bar Ethics Op. 92-05: Contingent Fee to Collect a Divorce-Decree Award

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-91-35/

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 91-35

A lawyer wishes to donate legal services to be auctioned at a fund-raising for a charity or other organization for a "good cause."

Question:
Does the above conduct violate the Rules of Professional Conduct?

Summary:
Such conduct is not in violation of the Rules of Professional Conduct.

Opinion:
It is not unethical for a lawyer to donate legal
services under the circumstances set forth above. However, to avoid misleading the recipient of donated services, the donating lawyer must offer the services with certain express qualifications, clarifications, and reservations including:

1. The nature and scope of the services donated should be defined with reasonable specificity.
2. The services donated may not be appropriate for all prospective bidders (e.g., a successful bidder for a "simple" case may have circumstances whereby a more elaborate estate plan would be recommended which would warrant a substantially higher fee).
3. Circumstances may exist that would preclude the lawyer from performing the services for the successful bidder (e.g., a conflict of interest).