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 90-37
Solicitation by mail is permitted, so long as the solicitation is not misleading and complies with the disclosure requirements of Rule 7.3. It should not matter that a member of the soliciting law firm had previously spoken to the solicited person at a seminar.
Ethics Advisory Opinion 90-36
An attorney should not participate in a lawyer referral service operated by the South Carolina Highway Patrol.
Ethics Advisory Opinion 90-35
If the councilman is deemed to have a responsibility to the proposed Defendant, and if such responsibility materially limits his loyalty to his client, then Rule 1.7(b) of the Rules of Professional Conduct would permit a county councilman/attorney to file suit on behalf of the client against an appointed or elected official of the same county only if two (2) conditions are met: (1) the attorney reasonably believes that whatever responsibility he may have to the proposed Defendant will not materially detract from the quality of his representation of his client; and (2) the client consents after full disclosure.
Ethics Advisory Opinion 90-34
Based on the information provided, there is a potential conflict of interest under Rule of Professional Conduct 1.9. This conflict arises to the extent that any specific conduct, company policy or tactic adopted by XYZ Company and at issue in the Firm's prior representation of ABC Hospital.
Ethics Advisory Opinion 90-33
If the agency is involved in the unauthorized practice of law the attorney is prohibited from assisting in such activity. Even if the agency is not involved in the unauthorized practice of law the attorney would be violating the Rules of Professional Conduct by undertaking such a representation.
Ethics Advisory Opinion 90-32
If the lawyer is a necessary witness, the lawyer must be disqualified unless such disqualification would work substantial hardship on his client.
Ethics Advisory Opinion 90-31
The United States Supreme Court held in Bates v. State Bar of Arizona, 433 U.S 350 (1977), that lawyer advertising which is not false or misleading is commercial speech entitled to protection under the First Amendment of the United States Constitution.
Ethics Advisory Opinion 90-30
Attorney A may not contact the mortgage lender, law enforcement officials or Consumer Affairs regarding the fraudulent activities of the mortgage broker.
Ethics Advisory Opinion 90-29
Law Firm XYZ may not represent Mr. and Mrs. Jones in action to collect the money paid to Sally Lou. The presence or absence of fraud makes no difference.
Ethics Advisory Opinion 90-28
Rule 1.8(i) of the S.C. Rules of Professional Conduct permits representation of adverse clients by spouses only when adequate consent has been obtained.