Ethics Advisory

1. Committee Composition

The Ethics Advisory Committee is composed of active members of the South Carolina Bar. All members, including the chair, are appointed by the President of the Bar.

2. Purpose and Scope of the Committee

The Committee issues advisory opinions on the ethical propriety of a Bar member’s contemplated or ongoing conduct, provided the issue is not currently before a tribunal. It does not approve or disapprove specific advertisements or solicitations but may address general advertising or solicitation issues.

3. Requirements for Submitting an Inquiry

To assist the Committee, all inquiries must:

• Be submitted on plain, unmarked paper.
• Include a fact scenario without identifying parties.
• Cite relevant Rules of Professional Conduct and any known legal authority.
• Be accompanied by a signed cover letter certifying:
  1. The question relates to the inquirer's own conduct.
  2. The issue is not pending before any adjudicative body or committee.

Address all inquiries to:
Ethics Advisory Committee
South Carolina Bar
Post Office Box 208, Columbia, South Carolina 29202

4. Committee Discretion and FAQ Publication

The Committee may revise the facts or questions for clarity and may publish Frequently Asked Questions (FAQs) based on inquiries or on its own initiative.

5. Inquiry Screening and Responses

The chair or Bar staff liaison will screen inquiries and remove identifying information. Inquirers will receive one of the following:

• A copy of an existing opinion.
• A notice of non-consideration due to jurisdictional or procedural limitations.
• A notice that the inquiry is under Committee review.

Inquirers may request reconsideration of any decision. New opinions will be summarized in the Bar’s e-Blast and posted on the website.

6. Drafting and Issuing Opinions

If an opinion is to be drafted:

• The Chair assigns the inquiry (anonymized) to a Committee member.
• A draft is prepared and submitted before the next meeting.
• The Committee may adopt, revise, defer, or decline the opinion.
• The inquirer will be notified of the outcome.

7. Standards and Reference Materials

The Committee uses South Carolina Appellate Court Rule 407 as its primary standard. Other references may include:

• Case law
• Statutory law
• Advisory opinions from other jurisdictions
• Legal treatises and authorities

8. Confidentiality

All inquiries are confidential. Only the Committee Chair and Bar staff liaison will know the identity of the inquiring attorney.

9. Disclaimer

All opinions include the following disclaimer:

The Ethics Advisory Committee renders opinions exclusively to members of the South Carolina Bar concerning ethical issues raised by the inquirer's contemplated or ongoing conduct not pending before a tribunal. This Committee has no disciplinary authority. Lawyer discipline in South Carolina is administered solely by the South Carolina Supreme Court through its Commission on Lawyer Conduct.