Can a lawyer who is also a registered nurse run a litigation-consulting business, use a trade name, and advertise as a nurse-attorney?

Plain-English summary

An associate who litigates medical malpractice cases, and who is a registered nurse, wanted to start a professional corporation as a consultant for attorneys and health care facilities, advertising help to attorneys in evaluating damages in personal injury claims and to hospitals as a risk-management consultant. The questions were whether the lawyer could operate the business while in a firm that handles medical malpractice and personal injury work, whether the business is "law related" and what that means for trade-name advertising and direct-mail or telephone solicitation, whether the lawyer could be denominated a "nurse attorney" to imply special expertise, and whether the lawyer could use a trade name.

The committee said there is no ethical prohibition on conducting the business while an associate or partner, so long as conflicts do not arise between the firm's cases or clients and the business's, evaluated case by case. It concluded the business involves the practice of law, because at least a large portion would involve legal advice, which is part of what makes it a service worth offering. Lawyers may use a trade name under Rules 7.5 and 7.1. Because the business involves the practice of law, the lawyer is bound by Rule 7.3(a), which prohibits in-person or live telephone contact with potential clients, while Rule 7.3(b) allows written or recorded communications meeting that rule's requirements. There is no prohibition on representing oneself as a "nurse attorney" provided both are true, citing Rule 7.4(b). And, as stated, the lawyer may use a trade name.

Currency note

This opinion was issued in 1992, 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 Treat this page as historical context, not current guidance.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 in a malpractice firm run a separate litigation-consulting business?

A: The committee said yes, with no ethical prohibition, so long as conflicts between the firm's cases or clients and the business's are managed on a case-by-case basis.

Q: Is the consulting business treated as the practice of law?

A: The committee said yes, because a large portion of it would involve legal advice, so it is governed by the Rules of Professional Conduct.

Q: How may the lawyer advertise the business?

A: The committee said the lawyer may use a trade name under Rules 7.1 and 7.5 and may advertise by written or recorded communication meeting Rule 7.3(b), but Rule 7.3(a) bars in-person or live telephone contact with potential clients.

Q: Can the lawyer market herself as a "nurse attorney"?

A: The committee said yes, under Rule 7.4(b), provided both the nurse and attorney credentials are true.

Background and rules framework

The opinion applied Rule 7.1 (communications about services), Rule 7.3 (solicitation; 7.3(a) barring in-person/live-phone contact, 7.3(b) allowing written or recorded communication), Rule 7.4(b) (statements of practice fields/credentials), and Rule 7.5 (firm names and trade names), each corresponding to the like-numbered Model Rule. The analysis turned on classifying the consulting business as the practice of law.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 7.1 / Model Rule 7.1: communications about a lawyer's services must not be false or misleading.
• South Carolina RPC 7.3(a), 7.3(b) / Model Rule 7.3: no in-person or live telephone solicitation; written or recorded communications permitted under stated requirements.
• South Carolina RPC 7.4(b) / Model Rule 7.4: statements about fields of practice and credentials.
• South Carolina RPC 7.5 / Model Rule 7.5: firm names and trade names.

See also

• SC Bar Ethics Op. 92-22: A Post-Departure Ban on Television Advertising
• SC Bar Ethics Op. 92-28: Two Group Legal-Services Plans Compared

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-92-08/

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 92-08

An associate in a firm litigates medical malpractice cases. The associate wants to start a professional corporation with the purpose of acting as a consultant for attorneys and health care facilities. He/she intends to advertise the business as assisting attorneys to evaluate damage in personal injury claims and to hospitals as a consultant in risk management matters. He/she is a registered nurse.

Questions:

1. May a lawyer operate such a business while being an associate and/or partner in a firm that handles medical malpractice litigation and personal injury claims?
2. Would this business be "law related" and if so what implications would that have on advertising using a trade name and soliciting business by direct mail or telephone?
3. May the associate represent him/herself as a registered nurse and attorney and be denominated a "nurse attorney" for the purpose of implying special knowledge or expertise in analyzing medical records, medical incidents, and physician testimony?
4. May the lawyer use a trade name?

Summary:
The lawyer may operate a business such as you describe. This business would involve the practice of law and, as such, would be governed by the Rules of Professional Conduct. Subject to those Rules, you may use a trade name and advertise by written or recorded communication.

Opinion:

1. There appears to be no ethical prohibition from conducting the business described while remaining an associate or partner in a firm, so long as conflicts do not arise between cases or clients of the law firm and those of the business. Potential conflicts must be evaluated on a case-by-case basis.

2. It is the opinion of the committee that the business described involves the practice of law, in that at least a portion, and probably a large portion, of the business would involve legal advice, and this is one of the reasons you think you have a service to offer.Lawyers are allowed to use a trade name. See Rules 7.5 and 7.1. Because your business involves the practice law, the lawyer is bound by Rule 7.3 (a), which prohibits in-person or live telephone contact with potential clients. Rule 7.3 (b) allows written or recorded communications with prospective clients, provided all requirements of that Rule are met.

3. There is no prohibition from representing oneself as a "nurse attorney," providing both are true. (See SCACR 407, 7.4(b)).

4. As stated above, the lawyer may use a trade name.