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 99-04
SCRPC 7.1, 7.2, 7.4 and 7.5 are applicable to the lawyer's communication and advertising of its services; none of the SCRPC are applicable to the Company's communication and advertising of the mere availability of the Internet service.
Ethics Advisory Opinion 99-03
Under the facts presented, the lawyer is acting solely as a witness, which is not prohibited by the Rules of Professional Conduct. If the lawyer acts as both witness and sheriff's lawyer at a preliminary hearing, the conduct is prohibited by Rule 3.7 of the Rules of Professional Conduct, unless qualifying under one of the specific exceptions contained in this rule.
Ethics Advisory Opinion 99-02
A lawyer is not disqualified from appearing before a judge simply because the judge employs the lawyer's spouse as a staff attorney.
Ethics Advisory Opinion 99-01
Rule 7.2 does not allow the use of anonymous advertising or an advertising cooperative that acts as a for-profit referral service.
Ethics Advisory Opinion 98-37
Assuming that one acting as a public adjuster in South Carolina is engaged in the unauthorized practice of law, a lawyer may not oversee the activities of such adjuster, whether or not the lawyer is also present during any settlement negotiations.
Ethics Advisory Opinion 98-36
The submission of the legal billing statement to an outside auditing service requires the informed consent of the insured, regardless of whether or not Law Firm determines that the information is privileged or confidential or both.
Ethics Advisory Opinion 98-35
The name proposed is permissible if accompanied by a disclaimer that the clinic is not a public legal aid office. The role of the newspaper as a lender and landlord does not violate disciplinary rules, as long as the newspaper is not a partner in or partial owner of the law practice, has no control over the rendering of professional services and does not share in legal fees received from clients of the clinic.
Ethics Advisory Opinion 98-33
The attorney and client may enter into an agreement regarding the retention of a file, which would be the recommended course of action.
Ethics Advisory Opinion 98-32D
Because of Lawyer's actual or potential conflicts of interest raised by lawyer's employment by the former firm at the time the grounds for the alleged grievance arose, lawyer: (a) cannot represent client in a malpractice action against the former firm ...
Ethics Advisory Opinion 98-32C
There could be a conflict, which can be waived by the former client.