An attorney may participate in a rotation-based, call-in  advertising service,  provided the advertisements and relationship with Company B are carefully structured to comply with Rules 7.1, 7.2, 7.4 and 7.5. Advertisements must include the name and office address of a responsible South Carolina attorney and, in order to avoid misleading the public, should state that the advertising company is not acting as a referral service and not performing any screening function, but merely serving as an agent of the advertising lawyers. The advertisement must also avoid misleading the public with labels such as “Legal Helpline” or“Injury Hotline” that, combined with a toll-free number, might imply a bar or other governmental or charity affiliation. Finally, the advertisement may not falsely imply a practice affiliation among the advertising lawyers.
 

When a third-party  wants to retain Attorney to represent Client in a legal matter, the ownership of the funds in Attorney’s trust account must be determined by and between the payor and client; Attorney must not arbitrate disputed funds. Also,  Attorney must not allow the third party payor to direct the representation of Client.  Attorney is obligated to tell the client that a third party has paid for all the legal expenses and keep the client informed as to the amount and status of those funds.

There is no ethical prohibition on  Law Firm renting office space from the Real Estate Agency in order to be considered one of the Real Estate Agency’s “preferred attorneys”; provided the rental agreement calls for commercially reasonable terms including a fair market rental amount.  Additionally, Law Firm and Real Estate Agency may form a partnership to act as the Title Insurance Agent  and to split the agency’s portion of the title insurance premiums generated by real estate closings involving Law Firm and Real Estate Agency’s customers.

Where there is  no contractual commitment to pay an investigator, the Rules of Professional Conduct do not impose any ethical requirement that counsel supplement CID payments.

Lawyers may state or imply that they practice in a partnership only when such statement or implication is accurate and not misleading.  Under the circumstances presented, it would be misleading for the lawyer to indicate or imply that he is practicing in a partnership.

Automated Clearing House Transfers issued to attorney trust accounts should not be considered collected funds until five banking days have expired.

Lawyer who represented a client (now deceased) against her spouse in a prior action should produce items to the spouse, who is acting as the executor of client’s estate, only to the extent that Lawyer can determine that the deceased client or the Probate Court specifically authorized release to the spouse. Any other information should not be released absent a court order.

An out of state law firm may advertise on billboards in South Carolina and include pictures of firm members not licensed in South Carolina, provided the billboard meets all South Carolina advertising regulations.
 

An “offsite desk review” of attorney trust accounts by title insurance companies must ensure that steps have been taken to preserve confidentiality of client information.  A method should be in place to comply with the audit and to provide specific data about any transaction involving the title insurance company, while simultaneously preserving the confidentiality of any information not necessary for compliance.

Rules 1.5 and 1.8 do not prohibit an attorney from obtaining an interest in property to secure payment of a fee, as long as the requirements of both Rules are met.  The fact that a client requires advice regarding a particular course of action and that course of action may impact the amount or collectability of the attorney’s fee does not create a conflict of interest, unless the attorney reasonably believes he cannot provide competent and diligent advice to the client under Rule 1.7.   In most instances, the best practice may be to seek the client’s informed consent to the potential conflict created by the creation of a personal interest of the lawyer under Rule 1.7 at the same time.