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 98-19

Plaintiff's attorney may communicate with former employee for the sole purpose of obtaining the name of the former employee's personal counsel.

Ethics Advisory Opinion 98-18

Attorney's statement that $100,000 is all that is owed to the subcontractors violates RPC 4.1(a), Rule 407, SCACR, because this proposed statement is false and misleading.

Ethics Advisory Opinion 98-17

Provided the attorney is careful to monitor any conflicting interests or possible breaches confidentiality between the brokerage corporation and the borrower under Rule 1.6, 1.7 and 1.8, the attorney may serve in a dual capacity for both.

Ethics Advisory Opinion 98-11

An advertisement for general legal services, including family law, which fails to disclose that the advertising attorney cannot appear in the actual conduct or trial of a state court case is a false and misleading communication prohibited by Rule 7.1.

Ethics Advisory Opinion 98-10

Under Rule 1.16(d), the lawyer must release his file to the former client regardless of the physician's restriction.

Ethics Advisory Opinion 98-08

Attorney may charge the client any amount for a fee or retainer that is objectively reasonable.

Ethics Advisory Opinion 98-07

If Attorney has pursued all reasonable avenues to locate Client and, due to the fault of Client, Client cannot be located, it is reasonable for Attorney to assume that the representation has been terminated and would not be obligated to file suit.

Ethics Advisory Opinion 98-06

As long as the advertisement complies with RPC 7.2, Rule 407, SCACR, and in particular Rule 7.2 (d), it is permissible.

Ethics Advisory Opinion 98-05

Although the facts presented in the inquiry have not set forth all potential conflicts for this described situation, it does not appear to present any inherent conflicts that could not be waived by all parties.

Ethics Advisory Opinion 98-02

A guardian, not acting also as the attorney for the ward, may reveal confidences of the child to the court as necessary to carry out the functions of the guardianship or to protect the interests of the child.