The South Carolina Bar Ethics Advisory Committee provides the full text of all ethics opinions since 1990 online. To find the opinion you need, simply use the search form below.
The opinions in this database contain the advice of the Committee based on the state of the law at the time of each opinion. Opinions are not updated to reflect changes in the Rules of Professional Conduct, more recent opinions, or other law. Further research may be necessary. Earlier opinions are available through vLex Fastcase.
Frequently Asked Questions are also available.
Ethics Advisory Opinion 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.
Ethics Advisory Opinion 08-14
A lawyer may file affidavits that include hearsay or information not based on a witness’s personal knowledge in support of ex parte requests or temporary hearings so long as the hearsay or other information is clearly identified as such.
Ethics Advisory Opinion 08-13
Surreptitious recording by a lawyer is ethically permissible only when a) the lawyer is not acting as a lawyer, as a public official, or in any other position of trust and b) such recording is not otherwise prohibited by law.
Ethics Advisory Opinion 08-12
Members of the Bar who are contemplating representation of multiple parties in which there is any possibility of future conflicts should carefully evaluate the risks and take proactive steps to ensure all potential clients are well-informed about such risks.
Ethics Advisory Opinion 08-11
While the contemplated representation is not a per se violation of the Rules of Professional Conduct, these specific facts are fraught with the danger of breaches of confidentiality as prohibited by Rule 1.6 and the potential for imputation of a conflict of interest under Rule 1.10(a).
Ethics Advisory Opinion 08-10
The lawyer only has the obligation to take reasonable steps to protect client's funds. In addition to FDIC insurance, numerous federal agencies regulate financial institutions for the purpose of guarding against bank failures. It cannot be presumed that these federal agencies are not making reasonable efforts to safeguard these financial institutions, and it is certainly clear that these agencies have greater expertise than any given attorney.
Ethics Advisory Opinion 08-09
Ordinarily, a Lawyer has a duty of confidentiality to clients. Under these circumstances, however, Lawyer is not prohibited from reporting the matter to the Department of Social Services or the appropriate protective service entity.
Ethics Advisory Opinion 08-08
Full disclosure must include informing John of the potential that information learned in the course of the earlier representation may be relevant to, and subject to disclosure in, the criminal matter.
Ethics Advisory Opinion 08-07
An attorney may not agree to serve as an indemnitor on behalf of her client to protect released parties in a settlement against lien claims asserted by third parties regarding settlement proceeds.
Ethics Advisory Opinion 08-06
The obligation of an attorney who suspects or knows that his client is an illegal alien are the same as the obligations of an attorney who suspects or knows that his client is engaged in any other form of ongoing criminal activity.