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 95-13
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.
Ethics Advisory Opinion 95-08
No provision of the Rules prohibits Attorney A from rendering advice to the municipality at different stages of the zoning process. Other provisions of law may be applicable to this matter, however, and must be considered in this context.
Ethics Advisory Opinion 95-07
If Lawyer A has knowledge that Lawyer B committed a violation of the Rules of Professional Conduct and such conduct raises a substantial question as to Lawyer B's honesty, trustworthiness or fitness as an attorney, Lawyer A is required to report the violation.
Ethics Advisory Opinion 95-05
The former solicitor may not file suit for a private client against an alleged perpetrator in the county where he served if he participated personally and substantially in a matter concerning the client and the alleged perpetrator while a solicitor unless the solicitor's office consents after consultation. Further, he may be barred from this representation because of information to which he had access.
Ethics Advisory Opinion 95-04
A lawyer probably will be prohibited under the Rules of Professional Conduct from acting as real estate broker for one party to a transaction and as lawyer for the other party. A lawyer may act as broker and lawyer for the same party, provided the lawyer complies with the guidelines set forth in the Rules of Professional Conduct.
Ethics Advisory Opinion 95-03
Lawyer A cannot donate the money to the SC Office of Appellate Defense. The lawyer can follow the procedures set forth in Section 27-18-10 of the SC Code and turn the money over to the SC Dept. of Revenue.
Ethics Advisory Opinion 95-02
The Rules of Professional Conduct do not preclude the continued dual representation of both the husband and the wife. However, the lawyer must reasonably believe that the risk of conflict is minimal and that the requirement of disclosure and consent of Rule 1.7(b) are met.
