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 05-21
The inquirer’s duty under the Rules of Professional Conduct with regard to reporting violations of the Rules by another member of the Bar is not affected by any professional or fiduciary relationship between the inquirer and the member in question.
Ethics Advisory Opinion 05-20
If the fee splitting arrangement was deemed to have been made prior to October 1, 2005, the attorneys may agree to split the fee based either on 1) the degree of services rendered by each or 2) otherwise (e.g., equally) based on the fact that they agreed to share equally in responsibility for the case, provided the client agrees in writing.
Ethics Advisory Opinion 05-19
If John Doe is practicing law or holding himself out as an attorney, under the facts described above, the use of the name “John Doe and Associates, P.A.” would be misleading and hence, violative of Rule 7.5(a) since there is only one attorney in the firm.
Ethics Advisory Opinion 05-18
An attorney may limit representation in a real estate closing to certain portions or phases of the transaction without violating the South Carolina Rules of Professional Conduct, if the limitation is reasonable under the circumstances and the clients give informed consent.
Ethics Advisory Opinion 05-17
The solicitor cannot use the criminal process to obtain a favorable result for a third party in a civil action (potential or actual) even if the solicitor has no direct involvement in the civil action.
Ethics Advisory Opinion 05-16
An attorney may conduct a real estate closing by mail so long as it is done in a way that: (1) ensures that the attorney is providing competent representation to the client; (2) all aspects of the closing remain under the supervision of an attorney; and (3) the attorney complies with the duty to communicate stated in Rule 1.4, so as to maintain the attorney-client relationship and be in a position to explain and answer any questions about the documents sent to the client for signature.
Ethics Advisory Opinion 05-15
Lawyer has an obligation to safeguard property for clients and third persons. Under the Uniform Unclaimed Property Act, the owner is a creditor, claimant or payee or a person having a legal or equitable interest in property subject to this act, and a check that has been mailed to an owner and not presented for payment is unclaimed property.
Ethics Advisory Opinion 05-14
Representation of a foreclosure client against lienholders that the attorney represents in other foreclosures involves “direct adversity” between current clients and requires their “consent after consultation” under Rule 1.7(a).
Ethics Advisory Opinion 05-13
Under Rules 1.9 and 1.13, Lawyer B may not represent Seller in an action against Lawyer B’s former firm, unless the former firm consents after consultation.
Ethics Advisory Opinion 05-12
A Georgia law firm and a South Carolina attorney may prepare a joint marketing package wherein all legal services will be provided by the South Carolina attorney, provided that the rules on lawyer advertising are complied with.