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 06-09
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.
Ethics Advisory Opinion 06-02
Unless the Recording Account is maintained as a lawyer’s trust account in accordance with applicable rules, the transfer of the funds from ABC’s trust account to the Recording Account after closing, but prior to disbursement of the funds in accordance with client requirements and the requirements of the closing, is improper.
Ethics Advisory Opinion 06-01
If a real estate closing attorney represents a lender or mortgage broker either by express agreement or by implication, the attorney must obtain the informed consent of the lender or mortgage broker confirmed in writing if the attorney will also be representing other parties at the closing.
Ethics Advisory Opinion 05-22
It appears the attorney's client has nothing to be gained by the attorney's signing the agreement and much to lose. Signing the agreement would create a conflict for the attorney under Rule 1.7(a)(2).