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 91-14

An attorney may not advise a client to tape record the client's conversations with his spouse.

Ethics Advisory Opinion 91-13

It is unethical for an attorney on behalf of the OCSE to pursue a child support matter against a defendant the attorney previously represented in action initiated by the OCSE while the attorney was in private practice.

Ethics Advisory Opinion 91-12

A lawyer who represents a client in a matter adverse to a corporate party may hire as a paralegal a former employee of the corporate party, at least when the paralegal had no decision making role while employed by the corporation, possesses no protected information, and is not likely to be called as a witness in the litigation.

Ethics Advisory Opinion 91-11

It would be inappropriate and impractical for the Ethics Advisory Committee to pass judgment on the texts and scripts of the hundreds print and media advertisements which will be utilized by attorneys in South Carolina each year.

Ethics Advisory Opinion 91-10

The documents in question constitute collateral agreements between the client and a third party to which the attorney is not a party; therefore, the attorney's duty of loyalty to his client requires him to pay the proceeds directly to his client.

Ethics Advisory Opinion 91-09

The Committee adopts the reasoning of ABA Formal Opinion 88-356, December 16, 1988, in its entirety, a copy of which is attached hereto and made a part hereof. (See also SC Bar Advisory Opinion 84-26 which only applies to temporary lawyers as defined in the ABA Opinion.)

Ethics Advisory Opinion 91-07

It is ethical for an attorney at the direction of a client to prepare the client's will and name himself as Personal Representative and Trustee except under the circumstances proscribed under Rule 1.8(c).

Ethics Advisory Opinion 91-06

An attorney may through written communication approach prospective clients who have purchased property through tax sales or tax titles.

Ethics Advisory Opinion 91-05

It is a conflict of interest for a county attorney or other members of his firm to represent a party whose interests are adverse to those of the town or county represented by a member of that firm in abuse and neglect cases.

Ethics Advisory Opinion 91-04

An attorney may not form a partnership with a non-lawyer if any of the activities of the partnership consist of the practice of law. Rule of Professional Conduct 5.4.