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 97-14
L has a duty to inquire with C about B's statement that B and C testified falsely. If L is satisfied that false testimony has been offered, L should inform the tribunal. L's duties are unaffected by the fact that L learned of the perjury from a third party. L's duty to rectify the perjury continues "until the conclusion of the proceeding," a term not defined by the Rules of Professional Conduct or the comments.
Ethics Advisory Opinion 97-12
Because all indictments handed down during the former solicitor's term were done under his supervision, a conflict under Rule 1.11 arises. This conflict, however, can be waived by the State.
Ethics Advisory Opinion 97-08
There exists a reasonable expectation of privacy when sending confidential information through electronic mail (whether direct link, commercial service, or Internet). Use of electronic mail will not affect the confidentiality of client communications under South Carolina Rule of Professional Conduct 1.6.
Ethics Advisory Opinion 97-07
There is no proscription in the Rules of Professional Conduct against an attorney discussing a pending legal matter with a client who is represented by another attorney with respect to the matter. However, the Rules of Professional Conduct may require Attorney B to qualify or clarify with a client any conclusions or opinions Attorney B renders with respect to the representation of Attorney A.
Ethics Advisory Opinion 97-05
Attorney A may solicit the companies by direct mail even though they may not be known to be in need of legal services in a particular matter.
Ethics Advisory Opinion 97-04
The lawyer must tell the client that he can only take the case upon the condition of its being continued. He cannot take the case and leave the client unrepresented at the hearing. A lawyer may not routinely take cases knowing that he will not appear and simply obtain continuances indefinitely.
Ethics Advisory Opinion 97-03
A lawyer may not serve as an intermediary in a matter in which the lawyer's law firm appears as counsel for one of the participants.
Ethics Advisory Opinion 97-02
Under Rule 5.4(a)(3) of The Rules of Professional Conduct, a lawyer or law firm may institute a paralegal bonus system that bases the amount of a bonus on the amount billed to clients, provided that the amounts billed to clients are reasonable under Rule 1.5.
Ethics Advisory Opinion 97-01
There is nothing wrong with the seller's paying your fee, so long as you comply with the requirements of Rule 1.8 (f), maintain any confidentiality under Rule 1.6, and any conflict is avoided under Rule 1.7. You may give any other clients you have such legal advice as you deem proper.
Ethics Advisory Opinion 96-29
A lawyer who is a certified mediator may indicate that designation on the lawyer's professional letterhead and business cards.