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 93-05

A law firm that provides legal services to retirement plans may own interest in and refer clients to an ancillary business that provides services to retirement plans if the services provided do not constitute the unauthorized practice of law and the law firm complies with the provisions of Rules 1.7 and 1.8.

Ethics Advisory Opinion 93-04

The attorney should inform Mrs. Smith of Mrs. Jones request and should not provide Mrs. Jones with a copy of the will and trust agreement unless Mrs. Smith consents after consultation.

Ethics Advisory Opinion 93-03

The former public defender who has actual knowledge of information may not discuss any of the cases which he worked on as a public defender with any of the attorneys in the solicitor's office, except for generally known information about the client.

Ethics Advisory Opinion 93-02

The Rules of Professional Conduct do not prohibit the attorney from representing a Commission whose members he participates in appointing. Thus, consistent with the Rules, the attorney may continue to represent the Commission in litigation in progress at the time of his election to public office.

Ethics Advisory Opinion 93-01

Under the facts described, where separate offices are maintained by each public defender, there would not be a single public defender's office for purposes of imputing disqualification under Rule 1.10.

Ethics Advisory Opinion 92-40

The attorney does not have a duty of disclosure to a third party unless the disclosure is necessary to prevent a fraudulent act by his client. The attorney is obligated to turn over the funds to his client upon demand.

Ethics Advisory Opinion 92-38

The attorney does not have a duty of disclosure to a third party unless the disclosure is necessary to prevent a fraudulent act by his client. The attorney is obligated to turn over the funds to his client upon demand.

Ethics Advisory Opinion 92-37

Lawyer L should deliver the file to Corporation C as requested. However, Lawyer L may first copy the file and charge Corporation C only for the actual cost of copying any documents in the file that previously had been provided to the corporation and any other documents that do not belong to the client as a matter of law.

Ethics Advisory Opinion 92-36

L may only represent P if the representation of P would not require him to use any information acquired from prior representations of F against her or if the representation of P would not injuriously affect F on any matter that L has previously represented her.

Ethics Advisory Opinion 92-35

Releasing copies of escrow account checks which reveal any information about the attorney's clients without the expressed or implied consent of those clients would be violation of Rule 1.6.