Can a law firm present its own public legal seminars without a bank or other institution as sponsor?

Plain-English summary

Opinion E-80-19 asked whether a law firm may present seminars on specific legal topics for the benefit of the public without the sponsorship of a bank or similar institution. The committee said the answer depends on whether the seminars amount to permissible public education or impermissible solicitation, directing attention to SCR 20.06 and the related Ethical Considerations.

The committee explained that lawyers may participate in educational and public-relations programs about the legal system, with particular reference to frequently arising legal problems, but should be motivated by a desire to benefit the public rather than to get publicity or employment, and should shun personal publicity. A participant should not volunteer advice to a particular person on a specific question, though to do more than give a philosophical discussion the lawyer must address various factual situations; that is proper only if motivated to educate listeners to recognize legal rights or obligations they may have overlooked. The committee noted the lawyer's motivation is subjective but the conduct will be judged objectively. If the lawyer meets those terms, there is no prohibition against holding the seminar; if not, the lawyer violates the Code and is engaged in solicitation. As a practical matter, the committee said, judgment cannot be passed until the seminar concludes, when the advertising used, the manner of presentation, and what participants say can be reviewed. The firm is responsible for conducting the seminar so it does not become a vehicle for prohibited solicitation.

Currency note

This opinion was issued in 1980, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and it applies the former Code provisions cited in the opinion. Solicitation of prospective clients is now governed by SCR 20:7.3 / Model Rule 7.3, with advertising under SCR 20:7.2 / Model Rule 7.2, and constitutional limits on these rules have developed substantially since 1980. 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 Treat this page as historical context, not current guidance.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 law firm hold its own public legal seminars without an outside sponsor?

A: Yes, the committee concluded, if the lawyers are motivated to educate the public rather than to obtain publicity or employment.

Q: How is the line between education and solicitation drawn?

A: The committee said the lawyer's motivation is subjective but the conduct is judged objectively; meeting the terms set out makes the seminar permissible, while failing them makes it prohibited solicitation.

Q: When can the propriety of the seminar be evaluated?

A: The committee said judgment cannot be passed until the seminar concludes, based on the advertising used, the manner of presentation, and what the participants say.

Background and rules framework

The opinion interpreted the former Wisconsin Supreme Court Rule on public legal education and its Ethical Considerations (SCR 20.06), which permit educational programs motivated to benefit the public but treat employment-seeking conduct as solicitation. The current counterparts are the solicitation and advertising rules, SCR 20:7.3 and 20:7.2 / Model Rules 7.3 and 7.2.

Citations and references

Rules of Professional Conduct:

• Wis. SCR 20.06 and Ethical Considerations (public legal education; solicitation) (former Code)
• Model Rules 7.2, 7.3 (advertising; solicitation)

See also

• WI Ethics Op. E-82-8: Contacting Seminar Attendees
• WI Ethics Op. E-82-1: Law Firm Newsletter (Direct Mail Advertising)
• WI Ethics Op. E-89-1: Public Education Activities and Resulting Clients

Source

• Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
• Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-80-19.pdf