Ethics Advisory Opinions
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| Year | Opinion | Summary |
|---|---|---|
| 2009 | 09-01 | As to Questions 1 and 2, a lawyer may not rely solely on a non-lawyer’s representations that the conduct of a transaction is ethically proper. As to Question 3, a lawyer may rely to some extent on another South Carolina lawyer’s representations in this circumstance but nevertheless takes some responsibility for the conduct of the entire transaction. As to Question 4, a lawyer may not rely on blanket assurances. As to Question 5, a lawyer may properly limit the scope of representation to title abstracting and take no further responsibility, unless the lawyer knows that his work will be used to facilitate illegal conduct. |
| 2009 | 09-02 | No summary - see full text. |
| 2009 | 09-03 | Attorney does not necessarily have an obligation to write the title insurance policy with Underwriter B; however, attorney has an ethical obligation to disclose the premium differences, as well as any other relevant differences between a policy issued by Underwriter A and a policy issued by Underwriter B. |
| 2009 | 09-05 | The law clerk is NOT precluded from testifying, subject to rulings from the court on the admissibility of the testimony. |
| 2009 | 09-06 | The Rules of Professional Conduct do not prohibit Lawyer from practicing in city court. However, judges may be required to recuse themselves either if the mayor’s partnership with counsel creates an appearance of impropriety. |
| 2009 | 09-07 | In a standard real estate closing where Borrower has chosen and retained Lawyer, absent additional facts and circumstances, Lawyer does not represent the Lender. The mere supplying of closing instructions by a Lender to Lawyer does not, in and of itself, create an attorney-client relationship between Lender and Lawyer nor create a significant risk that Lawyer’s representation of Borrower will be materially limited by Lawyer’s responsibility to Lender. As such, the requirements of Rule 1.7(a) do not apply. |
| 2009 | 09-04 | Rule 1.16(d) states, “Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interest . . .; In a criminal matter, Attorney may be required to file a Notice of Appeal and other documentation regardless of the limitations in the engagement letter or retainer agreement. In a civil matter, this obligation may be met by advising the client as to the steps necessary and time involved or by supplying client with a Notice of Appeal to file pro se and specific instructions for perfecting the appeal, depending upon the time of notice of the client of its desire to appeal the adverse decision. Attorney is cautioned about going beyond what is required by SCRPC Rule 1.16(d). See In Re Tillman, 319 S.C. 461, 462 S.E. 2d 283 (1995) (reprimanding attorney for continuing to work on client's file after client terminated representation). |
| 2009 | 09-08 | A Special Referee is a court of record and is part of the judicial process, unlike an arbitrator. Therefore, attorney is not obligated to pay the fee of the Special Referee. Numerous court opinions have held that a lawyer has the duty to pay costs of depositions which he has ordered. However, there is no rule within the South Carolina Rules of Professional Conduct which requires payment of fees of Special Referees. |
| 2009 | 09-09 | With informed consent of the Client, Lawyer may continue to represent Client from a divorce matter under a limited representation pursuant to Rule 1.2 on appeal from a Probate Court order in which their interests are aligned. If Client declines continued representation by Lawyer after being informed of the circumstances, Lawyer may pursue Lawyer's personal claim against Spouse without violating Rule 1.9 so long as confidential information from the divorce and probate representations is not used to the disadvantage of Client in the case against Spouse or any subsequent effort to execute upon any judgment Lawyer may obtain against Spouse. |
| 2009 | 09-10 | A lawyer may “claim” a website listing, but all information contained therein (including peer endorsements, client ratings, and Company X ratings) are subject to the rules governing communication and advertising once the lawyer claims the listing. A lawyer may invite peers to rate the lawyer and may invite and allow the posting of peer and client comments, but all such comments are governed by the Rules of Professional Conduct, and the lawyer is responsible for their content. |
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