Can a South Carolina lawyer pay a bail bondsman a fee to keep the lawyer's business cards or brochures in the bondsman's office?

Plain-English summary

A lawyer proposed paying a bail bondsman a fee for the opportunity to leave the lawyer's business cards or brochures at the bondsman's office, planning a written agreement stating the lawyer was not seeking the bondsman's recommendation but only paying to advertise at his place of business. The committee concluded the arrangement is prohibited.

The committee reasoned the inquiry did not present an advertising issue. Rule 7.2(c) provides that a lawyer shall not give anything of value to a person for recommending the lawyer's services, except the reasonable cost of permitted advertisements and the usual charges of a not-for-profit lawyer referral service or other legal service organization. Because the payment would violate Rule 7.2(c), the arrangement would be prohibited. The committee added that regardless of any written agreement, it would appear to the bondsman's customers that he was recommending the attorney, which may involve solicitation, an issue the opinion did not address.

Currency note

This opinion was issued in 1996, 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 Treat this page as historical context, not current guidance.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 pay a third party to display the lawyer's marketing materials?

A: The committee concluded that paying a bail bondsman a fee to place the lawyer's cards or brochures in his office is prohibited by Rule 7.2(c), which bars giving anything of value for recommending the lawyer's services.

Q: Does a written disclaimer that the bondsman is not recommending the lawyer change the result?

A: No. The committee reasoned that regardless of any agreement, it would appear to the bondsman's customers that he was recommending the attorney.

Background and rules framework

The opinion applied Rule 7.2(c), the South Carolina counterpart to Model Rule 7.2, which prohibits a lawyer from giving anything of value for recommending the lawyer's services, subject to limited exceptions for the cost of permitted advertising and the usual charges of a qualifying referral service.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 7.2(c) / Model Rule 7.2: prohibition on paying for recommendations of the lawyer's services.

See also

• SC Bar Ethics Op. 96-04: Mortgage Broker as Closing Lawyer
• SC Bar Ethics Op. 96-28: Law Firm Subsidiary Advertising

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-96-08/

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 96-08

Lawyer would like to pay a bail bondsman a fee to allow the lawyer to place either business cards or a brochure about the lawyer at the bondsman's office. The lawyer will enter into a written agreement with the bondsman so that he understands that the lawyer is not seeking his recommendation, but rather, is paying for the opportunity to advertise the lawyer's services at the bondsman's place of business.

Summary:
A lawyer is ethically prohibited from paying a bail bondsman a fee for placing business cards or a brochure in a bail bondsman's office.

Opinion:
This inquiry does not involve the issue of advertising under the facts presented. SCACR 407, Rule 7.2(c) states: A lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may pay the reasonable cost of advertisements or communication permitted by this Rule and may pay the usual charges of a not-for profit lawyer referral service or other legal service organization. Because payment would violate Rule 7.2(c), such an arrangement would be prohibited. Regardless of any agreement between the bail bondsman and the attorney, it will appear to the customers of the former that he is recommending the attorney. This may involve solicitation, an issue that the committee in this opinion does not address.