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 03-05
A client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer’s services.
Ethics Advisory Opinion 03-04
The practice of law under the trade name “Capitol Counsel, L.L.C.” does not violate the South Carolina Rules of Professional Conduct.
Ethics Advisory Opinion 03-03
Under Rule 7.3(a), absent consent, it would be impermissible for an attorney to make in-person or live telephone contact with Prospective Client to solicit professional employment as a follow-up to Prospective Client’s contact with the LRS.
Ethics Advisory Opinion 03-02
Because Attorney’s former representation of Army Officer does not appear to be substantially related to the present criminal charges against Army Officer and Attorney learned no confidential information relating to the present criminal charges, Attorney may act as the prosecuting attorney in the Army’s criminal case against Army Officer.
Ethics Advisory Opinion 03-01
Under Rule 1.8(h) agreements limiting prospective malpractice liability are valid if (1) permitted by law and (2) the client is independently represented in making the agreement.
Ethics Advisory Opinion 02-19
Under Rule 7.5, as interpreted in Advisory Opinions 75-01 and 79-06, a law firm may continue to use the name of deceased or retired partners in its name if the firm is the bona fide successor of the firm in which the deceased or retired person was a member.
Ethics Advisory Opinion 02-18
Pursuant to the South Carolina Rules of Professional Conduct a firm is permitted to hire a non-lawyer lobbyist as an employee.
Ethics Advisory Opinion 02-17
The question of whether a lawyer as an employee of a non-legal, not-for-profit corporation can represent third parties on behalf of the corporation was answered in the affirmative in our Opinion #02-04.
Ethics Advisory Opinion 02-16
A lawyer who explains real estate closing documents to a buyer and escrows closing funds in the lawyer’s trust account may create an attorney-client relationship with the buyer.
Ethics Advisory Opinion 02-15
Attorney A has a duty to keep Client reasonably informed and, therefore, has a duty to inform Client about the breach of the prior settlement agreement’s confidentiality clause under Rule 1.4. Attorney B violated Rules 1.6 and 1.8(b) when he counseled Attorney C on how best to pursue a claim against Client.