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 93-37

An attorney admitted to practice in South Carolina may engage in the simultaneous practice of another profession so long as he meets the requirements of both professions.

Ethics Advisory Opinion 93-36

The Committee does not render an opinion as to the circumstances in which payments to witnesses in addition to the per diem established under the Rules of Civil Procedure would be allowed by law. To the extent payment is legally permissible, there would appear to be no ethical prohibition upon such payments being made.

Ethics Advisory Opinion 93-35

Subject to certain limitations, as long as the South Carolina lawyer remains responsible for the representation of the South Carolina residents for whom the two lawyers are doing work, they may serve as co-counsel for purposes of estate planning for the South Carolina residents.

Ethics Advisory Opinion 93-34

In the absence of a present or past attorney client relationship with the surviving spouse, the attorney for an estate in probate has no ethical duty to inform the surviving spouse of the right to claim an elective share.

Ethics Advisory Opinion 93-33

To the extent that the advice offered in Advisory Opinion 91-38 may be interpreted as inconsistent with the approach outlined by the Court in Jones, the Advisory Opinion should be disregarded and the procedures set forth in Jones should be followed.

Ethics Advisory Opinion 93-31

The lawyer's ethical obligation runs primarily to the lawyer's client. However, where the lawyer receives information that a subrogation interest is claimed, the lawyer must:

Ethics Advisory Opinion 93-30

An attorney may not withhold the file of a former client and request payment of a copying expense under the facts presented.

Ethics Advisory Opinion 93-29

Attorney A must take all steps he deems necessary to protect the confidentiality of information provided to him by client X.

Ethics Advisory Opinion 93-28

The question as to whether this is a proper business is not a proper question for this committee. Similarly, any participation by Attorney A does not appear to involve the practice of law and so would not be controlled by the Rules of Professional Conduct.

Ethics Advisory Opinion 93-27

An attorney may not without court approval use or cause to use any private service which contacts a venire member prior to the completion of jury service.