State Bar of South Dakota

Ethics Opinion 91-18

October 16, 1991

OPINION

Solicitation materials for Aid to Injured Motorcyclists has been brought to the attention of the Ethics Committee of the State Bar of South Dakota. From your materials, it is indeterminate whether your organization is “for profit” or “not for profit”. In any event it is in the nature of a referral service for legal services and in that respect comes within South Dakota Rules of Professional Conduct 7.2(c). Only a “not for profit” lawyer referral service is permitted under the Rule. 

The materials further contravene SDRPC 7.2(d) which requires that the name of at least one lawyer responsible for its content must be included in the materials. This Committee has interpreted that Rule to require that the materials name at least one lawyer responsible for the content who is licensed to practice law in the State of South Dakota. 

Donald E. Covey
Chair, Ethics Committee