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 97-02
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.
Ethics Advisory Opinion 96-28
For the purpose of this opinion, we assume that the wholly-owned subsidiary will be owed solely by attorneys. It is ethically permissible for the law firm to form a subsidiary to provide legal services. Both the law firm and the subsidiary will be bound by Rules 7.1, 7.2, and 7.3 when advertising the services of subsidiary.
Ethics Advisory Opinion 96-27
A lawyer may offer a coupon or discount fee for legal services so long as such an offer is not misleading or inaccurate.
Ethics Advisory Opinion 96-26
An attorney may enter into a business transaction with a client if he or she satisfies the requirements of Rule 1.8 (a) (1) (2) and (3), and further considers the propriety of a transaction between the attorney and the client, which might impair the exercise of independent professional judgment on the part of the attorney.
Ethics Advisory Opinion 96-25
There is no general ethical prohibition against collecting a fee by suing on a note, and foreclosing a mortgage, given to secure the fee. However, a lawyer may not obtain a security interest in property as long as that property is the subject matter of domestic litigation.
Ethics Advisory Opinion 96-22
If there is sufficient separation of duties, case load, and employees between the former PD and the PD office's representation of the defendant that is the subject of the PCR proceeding, then automatic per se disqualification would not apply.
Ethics Advisory Opinion 96-21
A lawyer who has been appointed as conservator for a ward may not act as attorney for the ward even with court approval.
Ethics Advisory Opinion 96-20
The requirements of Rule 7.3(c) apply to the contents of both the letter and the videotape, and the specific language required to be included by the rule must be included in each.