Ethics Opinions
Indexed By Rule

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• Rule 7.2. Advertising

  • Ethics Opinion 98-10
    Subject: Internet Referral Service; Advertising, Fee Division, Assisting in Unauthorized Practice
    Summary: South Dakota lawyer may not participate in an Internet Referral Service taking an advertising fee and a share of legal fees to refer cases to South Dakota lawyer and provide no legal services.
  • Ethics Opinion 97-5
    Subject: Advertisements;  Letterhead; Firm name; Use of retiring firm member name
    Summary: Firm name may include retired member's name but if the individuals' name is listed on the letterhead, it must indicate the member is retired.
  • Ethics Opinion 96-11
    Subject: Advertisements; Contingent fee agreements
    Summary: When advertising contingent fees, disclosure of how fees are computed and that client will bear expenses must be specific and conspicuous.
  • Ethics Opinion 96-2
    Subject: Advertising, Telephone directory, Multi-state practice, Contingent fees.
    Summary: An attorney advertises contingent fees in yellow pages of another state. Ad does not violate South Dakota Rules of professional conduct if it complies with the state of origin's rules with regard to advertising and solicitation and the attorney has a reasonable expectation that the directory will not be disseminated in South Dakota.
  • Ethics Opinion 95-13
    Subject: Advertisements; Yellow pages; Direct mail solicitation
    Summary: An attorney can send copies of his advertising in the yellow pages to non-clients without any further information as long as the original directory advertising complies with the rules regarding advertising and direct contact.
  • Ethics Opinion 95-12
    Subject: Client referral; Solicitation; Legal services plan
    Summary: An attorney may not accept an offer to become a participant in a club providing legal referrals to the attorney, including an agreement that the attorney must sign regulating fees charged to club members, other referrals, acceptance of clients. EO 92-19.
  • Ethics Opinion 94-8
    Subject: Advertising of Arbitration Services by out of state lawyer
    Summary: Attorney may solicit clients by direct mail provided it is clearly labeled "Advertising Material" and provide a copy to the State Bar 30 days in advance.
  • Ethics Opinion 92-2
    Subject: Lawyer advertising; Payments by credit cards.
    Summary: Ethics rules do not prohibit discreet mention in lawyer advertisement that credit card payment is accepted.
  • Ethics Opinion 90-3
    Subject: Advertising; Referrals
    Summary: Attorneys cannot purchase exclusive rights to receive referrals from an "Attorney Hotline" that advertises on television. To the extent such advertisement is permissible, it must also contain the attorney's name.
  • Ethics Opinion 88-4
    Subject: Fee Splitting; Conflicts of Interest
    Summary: An attorney cannot split a fee with a non-lawyer for legal work performed by the lawyer for a mutual client. Such a relationship creates a conflict of interest unless waived by the client.
  • Ethics Opinion 87-2
    Subject: Advertising
    Summary: The authorship for publication in a newspaper of a "legal notes" column for public information is permissible if such column does not provide specific advice for precise factual circumstances. Other safeguards are advisable.

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• Rule 7.3. Direct Contact with Prospective Clients

  • Ethics Opinion 95-13
    Subject: Advertisements; Yellow pages; Direct mail solicitation
    Summary: An attorney can send copies of his advertising in the yellow pages to non-clients without any further information as long as the original directory advertising complies with the rules regarding advertising and direct contact.
  • Ethics Opinion 95-12
    Subject: Client referral; Solicitation; Legal services plan
    Summary: An attorney may not accept an offer to become a participant in a club providing legal referrals to the attorney, including an agreement that the attorney must sign regulating fees charged to club members, other referrals, acceptance of clients. EO 92-19.
  • Ethics Opinion 94-8
    Subject: Advertising of Arbitration Services by out of state lawyer
    Summary: Attorney may solicit clients by direct mail provided it is clearly labeled "Advertising Material" and provide a copy to the State Bar 30 days in advance.
  • Ethics Opinion 88-3
    Subject: Solicitation; Advertisement.
    Summary: An attorney may not sponsor a seminar in which he/she is the exclusive program in which he/she gives advice to specific problems of individual participants and emphasizes his/her own personal expertise or reputation.

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