Can a South Carolina lawyer who is a certified mediator list that certification on the lawyer's letterhead and business cards?

Plain-English summary

A lawyer who was a certified mediator asked whether he or she could note that certification on the lawyer's letterhead and business card. The committee concluded the lawyer could.

The committee reasoned that Rule 7.5 requires only that a letterhead not be false or misleading, and that a lawyer has a constitutionally protected right to advertise truthfully a certification by a bona fide organization, citing Peel v. Illinois Attorney Registration and Disciplinary Commission. It pointed to its own prior opinions allowing a lawyer-mediator to use firm letterhead to notify other lawyers of mediation services (Op. 94-10) and allowing a lawyer to show dual professional capacities such as certified public accountant on legal letterhead (Op. 93-37).

The committee distinguished its recent advice that a lawyer who was a master mariner should not list that status (Op. 96-03). The concern there was that the designation might violate Rule 7.1 by falsely implying the lawyer specialized in maritime or admiralty law. A "certified mediator" designation, the committee found, does not suggest expertise in any particular substantive field and so does not create the same risk of confusion.

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 Treat this page as historical context, not current guidance.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: Could a South Carolina lawyer who is a certified mediator put that on letterhead?

A: The committee concluded yes, on both letterhead and business cards, because the designation is truthful and Rule 7.5 bars only false or misleading letterhead.

Q: Why was listing "certified mediator" treated differently from listing "master mariner"?

A: The committee found that "master mariner" risked falsely implying maritime or admiralty specialization under Rule 7.1, while "certified mediator" suggests no expertise in a substantive field of law and so carries no similar risk of confusion.

Q: Did the committee rely on any constitutional principle?

A: Yes. It noted a lawyer's constitutionally protected right to truthfully advertise certification by a bona fide organization, citing Peel v. Illinois Attorney Registration and Disciplinary Commission.

Background and rules framework

The opinion applied South Carolina RPC 7.5 (letterhead and firm names), which corresponds to the like-numbered Model Rule and requires only that letterhead not be false or misleading, together with RPC 7.1 (communications about a lawyer's services), the rule the committee invoked to flag designations that might falsely imply substantive specialization.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 7.5 / Model Rule 7.5: letterhead and firm names must not be false or misleading.
• South Carolina RPC 7.1 / Model Rule 7.1: communications about a lawyer's services must not be false or misleading.

Cases:

• Peel v. Illinois Attorney Registration and Disciplinary Commission, 496 U.S. 83 (1990): truthful advertising of bona fide certification.

Other opinions cited:

• S.C. Bar Ethics Adv. Op. 94-10: lawyer-mediator using firm letterhead to offer mediation services.
• S.C. Bar Ethics Adv. Op. 93-37: indicating dual professions (such as CPA) on legal letterhead.
• S.C. Bar Ethics Adv. Op. 96-03: master-mariner designation declined.

See also

• SC Bar Ethics Op. 02-18: Hiring a Nonlawyer Lobbyist
• SC Bar Ethics Op. 02-19: Nonlawyer on Letterhead

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-96-29/

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 96-29

Lawyer is a certified mediator and wishes to indicate that certification on the lawyer's letterhead and business card.

Question:
May a lawyer who is a certified mediator indicate that certification on his or her letterhead or business card?

Summary:
A lawyer who is a certified mediator may indicate that designation on the lawyer's professional letterhead and business cards.

Opinion:
Rule of Professional Conduct 7.5 requires only that a letterhead not contain false or misleading information. A lawyer also has a constitutionally protected right to advertise truthfully his or her certification by a bona fide organization as a specialist in a particular area of law. See Peel v. Illinois Attorney Registration and Disciplinary Commission, 496 U.S. 83 (1990).

This Committee has previously concluded that a lawyer who is a mediator may use law firm letterhead to notify other lawyers that mediation services will be provided. The Committee warned that the letter should make clear that the lawyer is not offering legal services and should avoid any suggestion that the lawyer would represent either party while serving as mediator. S.C. Bar Ethics Adv. Op. #94-10. The Committee also has indicated previously that a lawyer may indicate dual professions, such as the lawyers standing as a certified public accountant, on legal letterhead. S.C. Bar Ethics Adv. Op. #93-37.

In light of the lawyer's ability to advertise truthfully his or her status as a mediator and in the absence of any prohibition against indicating dual professional capacities on a letterhead, it appears that no rule prohibits a lawyer who is a certified mediator from advertising that fact on the lawyer's letterhead or business card.

This Committee did recently advise that a lawyer who is a master mariner should not indicate that status on the lawyer's letterhead. S.C. Bar Ethics Adv. Op. #96-03. The concern in that situation, however, was that the proposed letterhead designation might violate Rule 7.1 by creating a false impression that the lawyer was a specialist in maritime or admiralty law. The designation of a lawyer as a certified mediator does not suggest any similar expertise in a particular field of substantive law and does not create the same risk of confusion.