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 02-14
If Lawyer B is purchasing Lawyer A's existing practice, then Rule 1.17 applies and Lawyer A should retain the files of inactive clients and Lawyer B would have no more of an ethical obligation to Lawyer A's inactive clients than he had prior to the purchase.
Ethics Advisory Opinion 02-13
If the Attorney A has knowledge that Attorney B has violated Rules 1.1 and 1.16 (a) (2) due to a medical condition materially impairing the attorney's ability to represent a client or clients, and the violations raise a substantial question as to Attorney B's fitness as a lawyer, Attorney A shall inform the appropriate professional authority, unless the reporting would disclose information protected by Rule 1.6.
Ethics Advisory Opinion 02-12
The facts may involve questions of the unauthorized practice of law and if so, are inappropriate topics for this committee. If the facts are construed to invoke only the mandate of Rule 5.3 (SCACR 407) that a lawyer supervise non-lawyer personnel, then it appears ethically permissible for a paralegal, under the supervision and at the direction of the responsible attorney, to interview clients alone in order to gather information, but not permissible for a paralegal alone to assist the client in the execution of the documents.
Ethics Advisory Opinion 02-11
Attorney may not withhold the file of a former client until the outstanding invoice is paid if doing so will prejudice the client.
Ethics Advisory Opinion 02-10
Under the facts presented, compensating Fact Witness for her prior testimony in the underlying criminal trial constitutes the payment of an antecedent debt that is unrelated to the present litigation, which is improper under the South Carolina Rules of Professional Conduct.
Ethics Advisory Opinion 02-09
Lawyer may represent clients in this litigation if the lawyer believes that the representation will not be adversely affected by his church membership and if the client consents after consultation.
Ethics Advisory Opinion 02-08
Lawyer A should not withhold Client's file but should promptly deliver the file to Client as requested. Lawyer A should not charge Client on an hourly basis for time spent on the case, unless the contingency fee agreement to which Client agreed expressly provided for such an arrangement.
Ethics Advisory Opinion 02-07
A lawyer who is required to reimburse unearned fees under Rule 1.16(d) must not unilaterally attempt to resolve a conflict between a paying third party and the lawyer's client. The lawyer should retain the disputed fees in trust until the parties reach an agreement resolving the dispute or the appropriate court determines the rights of the parties.
Ethics Advisory Opinion 02-06
There is no per se ethical prohibition against a lawyer owning all or part of another commercial venture while also practicing law.
Ethics Advisory Opinion 02-05
Provided that the requirements of Rule 1.15., Safekeeping Property, have been met, the Lawyer may close the old escrow account under certain conditions. Under no circumstance would the Lawyer be entitled to keep any client or third party funds as his own. The Lawyer must turn such funds over to a court of proper jurisdiction or to the State of South Carolina.