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 91-03

If B's contacts are deemed sufficient to have created an attorney-client relationship, then law firm XYZ may not represent A's estate without the informed consent of B.

Ethics Advisory Opinion 91-02

This notice violates Rule 4.2 unless the solicitor's office has the consent of counsel for defendant to make such notice or if the solicitor is authorized by law to give the notice to the defendant.

Ethics Advisory Opinion 90-46

Invitations to certain bar-related events and properly conducted portrait fund drives may be appropriate under ethical rules for lawyers and judges. However, other gifts, such as those given in connection with a testimonial, are likely to be deemed inappropriate, given the high probability that they will be perceived as attempts to influence the judge.

Ethics Advisory Opinion 90-45

The Rules of Professional Conduct would not prohibit members of the Public Defender's Office from appearing before the circuit court judge.

Ethics Advisory Opinion 90-44

Attorney B's conduct, assuming insured has limited the scope of representation as defined in Rule 1.2, does not appear to violate any of the Rules of Professional Conduct.

Ethics Advisory Opinion 90-42

Lawyer B must protect the confidential information he received during his representation of John. Unless John consents to Lawyer B's representation of Mary or unless confidential information received from John has become generally known, Lawyer B may not represent Mary if in the nature of the case he could possibly reveal confidential information received from John.

Ethics Advisory Opinion 90-41

There is apparently no ethical rule which would require any attorney-grandchild to fulfill the unwritten intent of his grandparent to re-convey property given to him by the grandparent. Neither does there appear to be any ethical rule which would prohibit him from conveying the property to his parent.

Ethics Advisory Opinion 90-40

An attorney may not exchange assistance in collecting medical fees for referral of client. Rule of Professional Conduct. 7.2(c).

Ethics Advisory Opinion 90-39

Attorneys A's advertisements appear to comply with Rule 7 of the Rules of Professional Conduct if they can be substantiated.

Ethics Advisory Opinion 90-38

If Attorney X's believes that Attorney B has committed a violation of the Rules of Professional Conduct that raises a substantial question as to his honesty, trustworthiness, or fitness as a lawyer, Rule 8.3 (a) requires that Attorney X inform the appropriate professional authority.