Ethics Advisory Opinions

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. 

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Ethics Advisory Opinion 00-10

Lawyers should review the information and operation of the dot.com company for compliance with the South Carolina Rules on Advertising and Solicitation, particularly Rules 7.1-7.3. This opinion discusses certain issues that appear to be raised by the dot.com company service.

Ethics Advisory Opinion 00-09

The Committee cannot approve the wording or content of any proposed advertisement. In general, an attorney may conduct a free seminar on a topic of law that is open to members of the public; however, the attorney must be aware of certain restrictions contained in Rules 7.1 and 7.3.

Ethics Advisory Opinion 00-08

A lawyer generally owes no duty to inquire into the business affairs of a client for the purpose of advising the client on the relative merits of a business transaction.

Ethics Advisory Opinion 00-07

Participation in a jointly conducted deposition or deposition for use in multiple cases does not create a conflict for the lawyer in the situation presented, provided the lawyer has complied with the general requirements of Rule 1.7.

Ethics Advisory Opinion 00-06

An attorney may not issue a subpoena duces tecum in a Magistrate's Court civil matter if the attorney believes that the court lacks the authority to issue such a subpoena.

Ethics Advisory Opinion 00-05

Attorney's representation of wife in Family Court against husband would not be a conflict of interest. The representation is not related to the former representation of husband.

Ethics Advisory Opinion 00-04

It is the Committee's opinion that merely providing a copy of a public record to a requesting party, absent anything further, is not unethical.

Ethics Advisory Opinion 00-03

Pursuant to Rule 5.5(b) concerning the unauthorized practice of law, it would be unethical for attorneys to assist a person who is not a lawyer in the performance of an activity which constitutes the unauthorized practice of law.

Ethics Advisory Opinion 00-02

Rule 1.15(a) requires an attorney to maintain financial records relating to a particular matter for six years from the conclusion of that matter.

Ethics Advisory Opinion 00-01

Attorney, whether representing Seller or Lender, does not have an obligation to ask his client not to insist that he be the closing attorney for Buyer in exchange for Seller/Lender's agreement to pay Buyer's attorney's fees, provided that attorney has not paid for such referral in the form of reduced fees or otherwise.