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 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.
Ethics Advisory Opinion 06-09
While there is no ethical prohibition to the proposed situation found in the Rules of Professional Conduct, it is incumbent on a lawyer to adhere to Rules 3.7, 3.8, 5.2(a) and 5.4(c).
Ethics Advisory Opinion 06-08
Absent a designation of one individual as the authorized representative of the company in a written engagement letter with Lawyer, Lawyer must keep the company book until the dispute is resolved.
Ethics Advisory Opinion 06-07
Based on the facts presented, Associate appears to fall within an authorized exception to the unauthorized practice of law; consequently, Attorney is not aiding in the unauthorized practice of law.
Ethics Advisory Opinion 06-06
If the power of attorney previously executed by Elderly Gentleman appoints Daughter as the legal representative, Firm may represent Daughter in this capacity in an action to have Daughter appointed as conservator and guardian ad litem, if no less intrusive action is available.
Ethics Advisory Opinion 06-05
It is possible that the situation is ethically permissible. A subordinate lawyer must preserve independent professional judgment.
Ethics Advisory Opinion 06-04
The defendant's attorney may not settle all claims arising from the lawsuit with the pro se plaintiff and disburse the settlement proceeds to the plaintiff. The defendant’s attorney must withhold the fees in dispute in her trust account. The defendant's attorney must withhold the portion of the settlement proceeds in dispute and place them in a trust account until an agreement is reached between the plaintiff and his original attorney, although the defendant's attorney has no client-lawyer relationship with either.
Ethics Advisory Opinion 06-03
The closing attorney may disburse funds at the closing table up to the amount of deposited cash equivalents notwithstanding the fact that other cash equivalents for the same transaction have not yet been deposited.