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 13-03
There is no ethical prohibition on Law Firm renting office space from the Real Estate Agency in order to be considered one of the Real Estate Agency’s “preferred attorneys”; provided the rental agreement calls for commercially reasonable terms including a fair market rental amount.
Ethics Advisory Opinion 13-02
Where there is no contractual commitment to pay an investigator, the Rules of Professional Conduct do not impose any ethical requirement that counsel supplement CID payments.
Ethics Advisory Opinion 13-01
Lawyer A is required by Rule 8.3(b) to report the conduct of Lawyer B to the Commission on Lawyer Conduct, Office of Disciplinary Counsel of the South Carolina Supreme Court under the facts presented. This Committee cannot opine on the duties of the other lawyers involved in the litigation, as each lawyer must analyze the facts for himself or herself to determine whether he or she has knowledge of the violation that rises to an obligation to report the conduct.
Ethics Advisory Opinion 12-12
Lawyers may state or imply that they practice in a partnership only when such statement or implication is accurate and not misleading.
Ethics Advisory Opinion 12-11
Automated Clearing House Transfers issued to attorney trust accounts should not be considered collected funds until five banking days have expired.
Ethics Advisory Opinion 12-10
Lawyer who represented a client (now deceased) against her spouse in a prior action should produce items to the spouse, who is acting as the executor of client’s estate, only to the extent that Lawyer can determine that the deceased client or the Probate Court specifically authorized release to the spouse.
Ethics Advisory Opinion 12-09
An out of state law firm may advertise on billboards in South Carolina and include pictures of firm members not licensed in South Carolina, provided the billboard meets all South Carolina advertising regulations.
Ethics Advisory Opinion 12-08
An “offsite desk review” of attorney trust accounts by title insurance companies must ensure that steps have been taken to preserve confidentiality of client information.
Ethics Advisory Opinion 12-07
Rules 1.5 and 1.8 do not prohibit an attorney from obtaining an interest in property to secure payment of a fee, as long as the requirements of both Rules are met.
Ethics Advisory Opinion 12-06
Rules 5.4 and 7.2(c) do not prohibit an attorney from joining a mediation firm and sharing in its profits, as long as no portion of the work of the mediation firm consists of the practice of law and clients understand that the firm is not engaged in the practice of law.