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 97-32
Sound management practices (i.e., unequivocal retention and termination letters) will allow a small-town attorney to service the needs of his sometimes overlapping clientele without running afoul of Rule 1.7 and the attorney's duty of loyalty.
Ethics Advisory Opinion 97-30
Law Firm should send the notification letter as promised and continue with the normal responsibilities of representation. Absent notification by Law Firm, Attorney should write to clients to notify them that she is not practicing law and that Law Firm has retained all client files. Law Firm's debt to Attorney is a legal matter, not an ethical matter; therefore, it is beyond the purview of this committee.
Ethics Advisory Opinion 97-29
The law firm does not violate Rule of Professional Conduct 6.2 merely by contracting with another lawyer to provide the appointed representation. However, the appointed lawyer should ensure that any necessary steps are taken to substitute counsel in the matter with the court's permission, with proper notice to the client.
Ethics Advisory Opinion 97-26
Attorney can purchase the structured settlement from Client provided Attorney complies with the requirements of Professional Conduct Rule 1.8(a).
Ethics Advisory Opinion 97-24
Attorney's representation of the mortgage company is a potential violation of Rule of Professional Conduct 5.5(b), if the activities of the mortgage company constitute the unauthorized practice of law.
Ethics Advisory Opinion 97-23
Lawyer is under no duty to reveal Client's whereabouts to the tribunal, absent Client's intent to commit a criminal act.
Ethics Advisory Opinion 97-22
While Law Firm may submit its Insurance Company bills directly to Audit Company, after fully informed consent by company and insured, submitting other clients' bills to Audit Company would violate the Rules of Professional Conduct.
Ethics Advisory Opinion 97-19
Drafting the contract and representing the unit purchasers is not unethical, provided Attorney complies with Rule 1.7 before engaging in representation of multiple parties.
Ethics Advisory Opinion 97-16
Rule 1.9(a) of the Rules of Professional Conduct prohibits representation of a new client in a matter that is substantially related to the representation of a former client. If a conflict exists, however, it can be overcome by acquiring the former client's consent after consultation.
Ethics Advisory Opinion 97-15
Under Rule 4.2, parent's lawyer must notify the guardian ad litem and her or his counsel and gain consent prior to communicating with the child.