Can a former government lawyer put the state seal or the scales of justice on a private-practice business card?

Plain-English summary

A lawyer who had served as a government lawyer for the state, now in private practice, was designing a business card and asked whether he could display the state seal or the scales of justice, and whether the answer differed if he had been a constitutional officer who supervised lawyers representing the state.

The committee explained that professional cards can be a form of advertising or solicitation, so their content must comply with the Rules governing lawyer commercial speech. Illustrations are permitted; citing Zauderer, which struck down a blanket ban on illustrations in lawyer advertising, the committee noted illustrations receive the same First Amendment protection as verbal commercial speech, subject to the requirement under Rule 7.1 that they not be false or misleading. The committee concluded the state seal may suggest the lawyer is a current government employee or official; because he no longer is in government practice, using the state seal would appear to violate Rule 7.1, while offering no opinion on whether it might also violate state law. The scales of justice, by contrast, are commonly associated with the practice of law and accurately suggest only that the card is a legal professional's, so their use violates no rule. The committee added that the lawyer's former status as a constitutional officer would not change the analysis.

Currency note

This opinion was issued in 1994, 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 Treat this page as historical context, not current guidance.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 former government lawyer use the state seal on a private business card?

A: The committee concluded no. Using the state seal would appear to violate Rule 7.1 by suggesting the lawyer is still a government employee or official.

Q: Is the scales-of-justice symbol allowed?

A: The committee concluded yes. The scales are commonly associated with the practice of law and accurately signal a legal professional, so their use violates no rule.

Q: Does it matter that the lawyer was a constitutional officer?

A: The committee concluded the former constitutional-officer status would not alter the analysis for either illustration.

Background and rules framework

The opinion applied Rule 7.1 (false or misleading communications about a lawyer or the lawyer's services) to illustrations on professional cards, corresponding to Model Rule 7.1, and relied on Zauderer v. Office of Disciplinary Counsel for the First Amendment treatment of illustrations.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 7.1 / Model Rule 7.1: false or misleading communications.

Cases:

• Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626 (1985): illustrations in lawyer advertising.

See also

• SC Bar Ethics Op. 96-03: Non-Law Credentials on Letterhead
• SC Bar Ethics Op. 95-15: Clerkship on Announcement

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-94-36/

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 94-36

Lawyer formerly served as a government lawyer for the state. Lawyer is now in private practice and is designing a business card.

Questions:

1. May a former government lawyer display the state seal on a professional card?
2. May a former government lawyer use the scales of justice on a professional card?
3. Would the response to either question differ if the lawyer had been a constitutional officer of the state and supervised lawyers representing the state and its agencies in civil and criminal matters?

Summary:
Illustrations on professional cards must not convey a false or misleading message. While use of the scales of justice by a lawyer appears appropriate, use of the state seal by a lawyer no longer employed by the state would appear misleading. The result does not depend upon whether the lawyer is a former constitutional officer.

Opinion:
Distribution of professional cards can serve as a form of advertising or solicitation by a lawyer and, thus, the content of the cards must not violate the Rules of Professional Conduct governing commercial speech by lawyers. The use of appropriate illustrations by lawyers in adverting and solicitation materials is allowed under current rules. In Zauderer v. Office of Disciplinary Counsel, 471 U. S. 626 (1985), the United States Supreme Court struck down as unconstitutional an Ohio rule prohibiting all illustrations in lawyer advertising materials. The Court there held that illustrations attract "the attention of the audience to the advertiser's message" and thus are afforded the same First Amendment protections as verbal commercial speech. Illustrations, however, are subject to appropriate regulations requiring that the illustrations not be false or misleading. (Rule 7.1) The proposed use of the state seal on professional cards may suggest to the recipient of the card that the lawyer is a current government employee or state official. Because the lawyer no longer is in government practice, the continued use of the state seal would appear to violate Rule 7.1. The committee offers no opinion on the further question of whether the use of the state seal might violate state law. The scales of justice, on the other hand, are commonly associated with the practice of law and would seem to suggest only that the card is of a legal professional. Because that visual message is accurate in this case, use of the scales would not violate any rule of conduct.

Finally, the fact that the lawyer may have been a constitutional officer of the state in the past would not alter the analysis regarding the propriety of including these illustrations on a professional card.