Which advertising rules apply when lawyers post free profiles and buy banner ads on a commercial legal-directory website?

Plain-English summary

A South Carolina Internet service company planned to give consumers free access to basic professional biographical data of South Carolina lawyers who contributed the data without charge, and to let lawyers buy advertising banner space visible to consumers on the site. The company would advertise the availability of its Internet service through billboard, radio, print, and television. The question was which South Carolina advertising rules applied.

The committee distinguished two scenarios: the lawyer's communication and advertising about the lawyer's services via the Internet, and the company's advertising about the availability of its service via other media. As to the lawyer's communications, Rules 7.1, 7.2, 7.4, and 7.5 clearly applied, requiring the lawyer to submit only material that is not false or misleading; retain a copy of the advertisement for two years with a record of when and where it was used; pay only the reasonable cost of placing the advertisement without giving anything of value for a recommendation; include the name of at least one responsible lawyer; properly designate certified specialties and concentrated practice areas; and comply with the firm-name and letterhead requirements. Rule 7.3 was inapplicable, because the lawyer's Internet communications would reach only members of the public voluntarily accessing the site, not direct solicitation of a prospective client known to need legal services in a particular matter.

As to the company's own advertising of the availability of its service, the committee concluded the advertising rules do not apply, because that advertising does not relate to a particular lawyer or a particular lawyer's services but simply informs the public where such material may be found.

Currency note

This opinion was issued in 1999, 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 Treat this page as historical context, not current guidance.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: Which advertising rules apply to a lawyer's profile and banner ads on a directory site?

A: The committee concluded Rules 7.1, 7.2, 7.4, and 7.5 apply to the lawyer's own communications and advertising on the site.

Q: Does the solicitation rule (7.3) apply?

A: The committee concluded no: site visitors access the material voluntarily, so the lawyer's Internet communications are not direct solicitation under Rule 7.3.

Q: Do the rules govern the company's own advertising of the service?

A: The committee concluded no: the company's advertising of the availability of its service does not relate to a particular lawyer, so the advertising rules do not apply to it.

Background and rules framework

The opinion interpreted South Carolina RPC 7.1 (no false or misleading communications), 7.2 (advertising; copy retention, payment, and a responsible lawyer), 7.3 (solicitation), 7.4 (fields of practice and specialization), and 7.5 (firm names and letterhead), corresponding to the like-numbered Model Rules, as applied to a commercial legal-directory website.

Citations and references

Rules of Professional Conduct:

• South Carolina RPC 7.1, 7.2, 7.4, 7.5 / Model Rules 7.1, 7.2, 7.4, 7.5: lawyer advertising, specialization, and firm names.
• South Carolina RPC 7.3 / Model Rule 7.3: solicitation (found inapplicable).

See also

• SC Bar Ethics Op. 00-10: Online Attorney-Matching Service
• SC Bar Ethics Op. 99-01: Anonymous Ad Cooperative

Source

• Landing page: https://www.scbar.org/for-lawyers/quicklinks/legal-resources/ethics-advisory-opinions/ethics-advisory-opinion-99-04/

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 99-04

Facts:
A South Carolina based Internet service company (the "Company") intends to provide consumers of legal services free access to basic professional biographical data of South Carolina lawyers who have contributed the data to the Company without charge. In addition, the Company will allow the lawyers to purchase advertising banner space on the site, which will be visible to the consumers accessing the site. The Company intends to advertise the availability of its Internet services through billboard, radio, print, and television advertisements.

Question:
Which South Carolina Rules of Professional Conduct ("SCRPC") regarding lawyer advertising are applicable to the facts set forth above?

Summary:
SCRPC 7.1, 7.2, 7.4 and 7.5 are applicable to the lawyer's communication and advertising of its services; none of the SCRPC are applicable to the Company's communication and advertising of the mere availability of the Internet service.

Opinion:
The facts present two distinct communication and advertising scenarios:
(1) Lawyer communication and advertising regarding the lawyer's services to the general public via the Internet; and
(2) Company communication and advertising regarding the availability of the Company's Internet service to the general public via billboard, radio, print, and television.

SCRPC 7.1 through 7.5 address lawyer advertising. As to the lawyer's communication and advertising, SCRPC 7.1, 7.2, 7.4 and 7.5 are clearly applicable, which require the lawyer to (i) submit only material which is not false or misleading; (ii) retain a copy of the advertisement or communication for two years after its last dissemination, along with a record of when and where it was used; (iii) pay only for the reasonable cost of placing the advertisement, without giving anything of value to anyone for the recommendation of the lawyer's services; (iv) include in the advertisement the name of at least one lawyer responsible for the advertisement's content; (v) properly designate certified specialties and concentrated areas of practice; and (vi) comply with requirements regarding the presentation of firm names and letterheads. SCRPC 7.3 is inapplicable, since the lawyer's communication and advertising via the Internet site will only be received by those members of the general public voluntarily accessing the site and will not involve the direct solicitation of professional employment from a prospective client known to be in need of legal services in a particular matter.

The Company's communication and advertising regarding the availability of its Internet service is not covered by the SCRPC, since it does not involve communication or advertising directly relating to a particular lawyer or a particular lawyer's services, but, instead, simply informs the general public as to where such material may be found.