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 96-11

Sharing an office with another profession does not per se violate Rule 407. However, Rule 1.6(a) mandates and the Supreme Court of South Carolina has recognized the necessity of confidentiality within the attorney-client relationship.

Ethics Advisory Opinion 96-08

A lawyer is ethically prohibited from paying a bail bondsman a fee for placing business cards or a brochure in a bail bondsman's office.

Ethics Advisory Opinion 96-06

Law Firm's credit card pre-authorization policy is not prohibited by the Rules of Professional Conduct.

Ethics Advisory Opinion 96-05

If you continue to disagree with the client as to the course of handling the case, you should terminate the representation by writing to the client and giving reasonable notice and information.

Ethics Advisory Opinion 96-04

Rule 7.3 of the Rules of Professional Conduct would prohibit an attorney from establishing a business relationship with a customer through a mortgage broker business and then directly soliciting such customer for legal representation.

Ethics Advisory Opinion 96-03

The letterhead used by Attorney A may violate Rules 7.4 and 7.5 by improperly implying or suggesting that Attorney A is an expert, specialist, or authority in admiralty law.

Ethics Advisory Opinion 96-02

Although a conflict between the personal interests of the lawyer and the client could later arise, there is no existing actual conflict, and it appears reasonable for the lawyer to believe that the representation will not be affected adversely by the lawyer's own interests.

Ethics Advisory Opinion 96-01

May a law firm identify itself as having been "established" in the year that the original founding partner began his legal practice with a firm?

Ethics Advisory Opinion 95-31

Rule 7.3(d) is ambiguous in describing the written solicitations that must be filed. While it might be argued that a lawyer must file virtually all written solicitations, the Committee believes that it is a reasonable interpretation of Rule 7.3(d) to require only the filing of solicitations subject to Rule 7.3(c).

Ethics Advisory Opinion 95-30

The South Carolina Rules of Professional Conduct do not prohibit the deposit of funds from the telephone long distance company into the firm's general operating account (the funds could not be deposited into the firm's trust account), but the lawyer must be able to carefully account for all commissions and bonuses and attorneys fees in order to avoid running afoul of Rule 5.4 which prohibits the sharing of fees with non-lawyers.