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 90-27

Unless disqualification would cause "substantial hardship" to the client, a lawyer may not continue to serve as counsel when the lawyer is likely to be a necessary witness to impeach the testimony of another witness.

Ethics Advisory Opinion 90-26

As a result of the recent promulgation of the Rules of Professional Conduct, the Committee has reconsidered its opinion in this matter and, upon reflection, the Committee has concluded that there is no blanket prohibition preventing a board member of the Department of Youth Services from representing a juvenile in a criminal Family Court action.

Ethics Advisory Opinion 90-25

A Law School graduate working for a firm should make his status clear when signing correspondence. He may sign that the letter is on behalf of an attorney of the firm; or he may write some delineation that clarifies his status within the firm.

Ethics Advisory Opinion 90-24

The county attorney may seek a taxpayer plaintiff to bring a declaratory judgment action if he follows certain guidelines and safeguards, thus avoiding ethical problems.

Ethics Advisory Opinion 90-23

As long as the business card is not false or misleading, a legal assistant may have a business card with the name of the law firm placed on the card.

Ethics Advisory Opinion 90-22

There would be no conflict of interest in the lawyer updating the title as he would merely be reporting what is a matter of public record.

Ethics Advisory Opinion 90-21

The question presented does not directly involve a matter of professional ethics that is addressed by the Rules of Professional Conduct. An attorney would be entitled to take a Trustee's commission and an Executor's commission under the same circumstances that a non-attorney would be entitled to take such a double commission.

Ethics Advisory Opinion 90-20

Other members of the firm having a member on city council would not be able to represent clients with adverse dealings with the city.

Ethics Advisory Opinion 90-19

Disclosure to an opposing witness, after her deposition, of the fact that her deposition could have been canceled if the plaintiff's attorney would not call her as a witness at trial would not be ethically improper.

Ethics Advisory Opinion 90-18

A lawyer may draft and submit a responsive pleading and waiver of appearance on behalf of an opposing party in a divorce action while representing the interests of his own client when he determines that the preparation and submission of the pleadings does not constitute representation.