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 07-05
A lawyer may use different professional and private names. The law firm may maintain a lawyer's former name as part of the firm name.
Ethics Advisory Opinion 07-04
Lawyer(s) in a law firm may purchase uncollected debts from a client, a former client, or a non-client. An LLC made up of members of the law firm, may hire the law firm to collect the debt, as long as the lawyers adhere to the Rules of Professional Conduct and applicable state laws.
Ethics Advisory Opinion 07-03
Lawyer may represent clients charged by Sheriff’s Office in County X provided that Sheriff has had no involvement with those clients’ cases, Lawyer discloses her personal relationship with the Sheriff to those clients, and Lawyer obtains a written confirmation of informed consent from those clients.
Ethics Advisory Opinion 07-02
Hiring a non-lawyer employee of the Solicitor’s Office to work concurrently in lawyer’s office on immigration matters while she continues full time work for the Solicitor’s Office entails a risk of potential violations of the confidentiality and conflict of interest provisions of the Rules of Professional Conduct.
Ethics Advisory Opinion 07-01
The Committee advises against Lawyer acting as mortgage broker, buyer’s real estate agent, and closing attorney for a client, and notes that it is apparently contrary to existing South Carolina Supreme Court jurisprudence.
Ethics Advisory Opinion 06-14
Under Rule 3.5(e) a lawyer may not contribute to a fund for a deceased judge because the rule prohibits contributions to a “memorial” for a judge except by the authorized procedures of the rule.
Ethics Advisory Opinion 06-13
The Rules of Professional Conduct do not prohibit Attorney or Law Firm from receiving referrals from the Association, provided Attorney and Law Firm do not give anything of value to the Association in exchange for the referrals.
Ethics Advisory Opinion 06-12
A lawyer may be employed by an organization where his immediate supervisor is a non-lawyer and the non-lawyer reviews the lawyer’s substantive legal work so long as the lawyer does not allow the non-lawyer supervisor to direct or regulate the lawyer’s professional judgment in a way that contravenes Rule 5.4 and the lawyer does not assist the non-lawyer in practicing law in contravention of Rule 5.5.
Ethics Advisory Opinion 06-11
Nothing in the Rules of Professional Conduct appears to prohibit Lawyer from representing Seller in a mail-away closing provided the proper conditions as outlined in EAO 05-16 are met; however, the issue of who lawyers represent in a residential real estate closing has not been clearly resolved in South Carolina and caution should be taken.
Ethics Advisory Opinion 06-10
Because of the dual representation, Mother’s instructions not to conduct any discovery as to Grandmother’s assets may present a conflict of interest for Lawyer.