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 94-11
A lawyer should abide by SCACR 407, Paragraph 1.6 (b) (2), so as not to reveal confidential information except that which is necessary.
Ethics Advisory Opinion 94-10
Because a letter to other lawyers offering mediation services is not a solicitation to provide legal services to a prospective client, Rule 7.3 does not apply. However, the lawyer must be careful that any communication is not false or misleading in violation of Rule 7.1 and that it does not violate Rule 7.4 regarding claims of expertise or specialization.
Ethics Advisory Opinion 94-09
Assuming that the clients represented by Lawyer "A" are made aware of the situation and have consented and rules regarding confidentiality of information are followed, Lawyer "A" and XYZ are not required to take further action.
Ethics Advisory Opinion 94-08
An attorney may represent all three (3) parties to a real estate closing without violation of the Rules of Professional Conduct provided, however, that no negotiation is required, there is no problem which has arisen which may jeopardize the real estate closing, there is no party relying on the advice of the attorney for substantive advice about how or whether to proceed, there has been full disclosure of the potential for conflict to all the parties to the real estate closing, all of the parties understand their right to seek other legal counsel, and all parties agree.
Ethics Advisory Opinion 94-07
A lawyer may communicate with the victim of his client's possibly criminal behavior, subject to limitations on the scope of the communication.
Ethics Advisory Opinion 94-05
The Code of Judicial Conduct prohibits a full-time judge from practicing law. Accordingly, a law firm may not, under Rule 8.4, hire a sitting probate judge as part-time lawyer.
Ethics Advisory Opinion 94-04
An attorney considering participating in such a financing transaction, however, should review applicable statutory provisions and common law principles to determine whether such financing transactions are illegal under South Carolina law.
Ethics Advisory Opinion 94-02
An attorney who is a part-time city judge would be precluded from also serving as a part-time city attorney.
Ethics Advisory Opinion 94-01
Although a possible conflict of interest does not preclude the simultaneous representation of co-defendants in litigation, such representation may not be undertaken if the lawyer believes that his own interests will have an adverse effect on the representation of either client.
Ethics Advisory Opinion 93-38
The use of public record information obtained from the public domain in pursuing his claim for attorney fees would not violate the Rules of Professional Conduct. Further, a lawyer may also use confidential information obtained from the client in pursuing his claim for unpaid fees in the Bankruptcy Court.