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 92-19
It is a question of substantive law as to who owns a client file. Materials in the file may be disposed of when there would be no prejudice to the client. The safest course is to enter into a reasonable agreement with the client regarding file retention.
Ethics Advisory Opinion 92-18
The Rules of Professional Conduct do not prohibit a part-time public defender from representing paying criminal defendants in any county. However, such representation would appear to be in violation of the Defense of Indigents Act in South Carolina.
Ethics Advisory Opinion 92-17
Depending upon one's reading of South Carolina case law, it may be unethical for an attorney to advise a client to surreptitiously record a conversation between the client and his employer.
Ethics Advisory Opinion 92-16
If a county or municipal attorney provides legal services to a particular agency or department of the county or city or to particular employees of officials of the county or city, neither the attorney nor any member of the attorney's law firm should represent parties with interests directly adverse to those clients.
Ethics Advisory Opinion 92-15
A's attorney need not repay the money either to the opposing party or to A because the money was voluntarily paid by A as a fee, and there was no requirement to hold the funds in trust.
Ethics Advisory Opinion 92-14
If the retainer is re-worded to state that costs are to be advanced by the law firm with the reimbursement to be made by the lending institution upon submission of a bill and that the fee paid to the law firm is reimbursed, then there should be no ethical violation.
Ethics Advisory Opinion 92-12
The attorney may draft a will which names himself as personal representative. He may also be given the power to sell the home and to pay himself at his regular hourly rate.
Ethics Advisory Opinion 92-11
Because there no longer exists an attorney-client relationship between wife and attorney, attorney may take no further action on behalf of wife to enforce the attorney's fee provisions of the order.`
Ethics Advisory Opinion 92-10
Members of the lawyer's firm may represent defendants in child neglect and abuse proceedings brought by the agency if both the agency and the defendants are fully advised of the firm's roles and agree to the representation.
Ethics Advisory Opinion 92-08
The lawyer may operate a business such as you describe. This business would involve the practice of law and, as such, would be governed by the Rules of Professional Conduct. Subject to those Rules, you may use a trade name and advertise by written or recorded communication.