UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER’S CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.
Ethics Advisory Opinion 91-28
Under the recently passed ethics law in this state, lawyers who are also legislators will now be required to publicly disclose which clients they have represented before state agencies.
Question:
Is the lawyer/legislator under a duty to disclose to the client, up front and in writing, the fact that such representation will ultimately be made public?
Summary:
No provision of the Rules of Professional Conduct require the lawyer/legislator to disclose to a client the fact that representation of the client by the lawyer-legislator will ultimately be made public.
Opinion:
Rule 1.6 provides that a lawyer shall not reveal information relating to representation of a client unless the client consents after consultation. The implication of this rule is that the lawyer is not to "reveal" information which is not otherwise public.
It appears from the question presented that representation of the client by the lawyer/legislator before a state agency would be a matter of public record, as would representation of the client by a lawyer not also a legislator. This being public information, the mere fact of representation is not confidential and, by providing a list of clients who have been represented before state agencies, a lawyer/legislator is doing nothing more than compiling what is already a public record and is not "revealing" any information of a confidential nature.