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 95-29
A lawyer who knows his client has made a valid assignment of or allowed for a lien against settlement proceeds to a medical provider may not ethically impair the assignee or lienholder's rights to the proceeds by placing a limit on the timeframe in which the medical provider can enforce its rights, nor may he disburse the funds to the client if the medical provider does not respond to his call for action.
Ethics Advisory Opinion 95-28
Rule 1.9(b) operates to disqualify the lawyer only when the lawyer involved has actual knowledge of confidential information protected by Rule 1.6 and Rule 1.9(b). If the lawyer acquired no knowledge or information relating to the client, and that lawyer later joined another firm, neither the lawyer individually nor the second firm is disqualified from representing another client in the same matter even though the interests of the two clients conflict.
Ethics Advisory Opinion 95-25
Targeted media advertising is subject to Rules 7.1 and 7.2. The specific notices of Rule 7.3 are required only if a solicitation is directed to persons known to be in need of legal services.
Ethics Advisory Opinion 95-19
Rules 1.7(b) and 1.8(i) make clear that a conflict exists. While the plaintiff could conceivably consent after consultation, the minor or incompetent cannot.
Ethics Advisory Opinion 95-18
There is no set amount of time a lawyer must hold on to client property, other than funds, when the client fails to retrieve the property after no longer being represented by the lawyer. Rather, ample time and sufficient notice must transpire before the lawyer may discontinue safeguarding the property and dispose of it.
Ethics Advisory Opinion 95-15
A former law clerk to a circuit court judge may list his experience with a circuit court judge on a law firm announcement. Disclosure of this information may be allowed in order to provide information inviting the attention of those seeking legal assistance.
Ethics Advisory Opinion 95-13
Attorney A is not obligated to report the alleged misconduct of Attorney B. Although a lawyer has a general ethical duty to report another attorney's misconduct, the attorney should have actual knowledge of the unethical conduct rather than mere hearsay and must not divulge information protected by the attorney-client privilege.
Ethics Advisory Opinion 95-12
Rule 8.3 (a) requires the reporting of conduct only where a substantial question arises as to lawyers' honesty, trustworthiness, or fitness as a lawyer.
Ethics Advisory Opinion 95-11
An attorney may become employed by the Association as either director of the legal services division or as a telephone operator.
Ethics Advisory Opinion 95-10
If the chief public defender is disqualified from representing a juvenile in a Family Court case because the juvenile is also subject to school discipline, all attorneys in the public defender's office are also disqualified.