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 05-11
If an attorney reasonably believes that the client can adequately act in her interest, the attorney should withdraw from representation and return the file to the client within a reasonable time so as not to prejudice the client.
Ethics Advisory Opinion 05-10
Lawyer may indicate his affiliation with Title Insurance Agency and Title Insurer on Law Firm’s website and in Law Firm’s brochures, business cards, and letterhead, assuming the advertisements comply with the Rules of Professional Conduct.
Ethics Advisory Opinion 05-09
Assuming Attorney A does not have the original of Client’s will, he will not violate any ethical rules if he refuses to furnish Attorney B with a copy of the will, and this decision should not be reexamined.
Ethics Advisory Opinion 05-08
Because Attorney has actual knowledge of Carrier’s “subrogation claim,” Rule 1.15 of the South Carolina Rules of Professional Conduct requires Attorney to hold the disputed funds in trust until such time as the dispute between Client and Carrier is resolved.
Ethics Advisory Opinion 05-07
Counsel may assert an equitable charging lien for the purpose of retaining an amount sufficient to pay the outstanding costs, pending resolution of the dispute over whether the client is responsible for such costs; however, assertion of a charging lien under these circumstances is fraught with risks.
Ethics Advisory Opinion 05-06
Pursuant to Rule 3.7 of the South Carolina Rules of Professional Conduct, Attorney may be required to withdraw from representation.
Ethics Advisory Opinion 05-05
Law firm may not represent homeowner’s association in filing lien, unless the former client consents after consultation.
Ethics Advisory Opinion 05-04
Rule 8.3(a) requires reporting if an attorney has “knowledge "of another attorney "conduct which "raises a substantial question as to that lawyer "honesty, trustworthiness or fitness as a lawyer in other respects. "The new Attorney" Oath does not affect this requirement.
Ethics Advisory Opinion 05-03
Lawyer is under an obligation to report Lawyer B to the Commission on Lawyer Conduct. The Rules of Professional Conduct require the report of a violation of the Rules which raises a substantial question of a lawyer’s honesty, trustworthiness or fitness to practice law.
Ethics Advisory Opinion 05-02
Attorney may enter into a contract to finance the purchase and construction of a home with his client, Contractor, provided Attorney complies with the requirements of Rule 1.8(a).