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 Fastcase.
A trained Bar lawyer is available to answer ethics questions, provide analysis of the Rules of Professional Conduct as applied to certain facts and make recommendations regarding risk management, while leaving final decisions up to the Bar member. All conversations are confidential and protected by Rule 8.3(d) of the S.C. Rules of Professional Conduct. Call (803) 799-6653, ext. 154 or e-mail firstname.lastname@example.org.
Ethics Advisory Opinion 16-06
The arrangement described herein violates the prohibition of sharing fees with a non-lawyer as described in Rule 5.4(a). In the alternative, assuming, for the purposes of this question only, that the arrangement does not violate Rule 5.4(a), the arrangement would violate the Rule 7.2(c) prohibition of paying for a referral and is not saved by the exceptions found in Rule 7.2(c)(1), (2), or (3).
Ethics Advisory Opinion 16-05
Because S, T and U actually practice law together, the proposed firm name is not misleading and does not violate the South Carolina Rules of Professional Conduct.
Ethics Advisory Opinion 16-04
Subject to the client’s consent, and as required by Rule 8.3(d) and Rule 1.6, Lawyer A is under an obligation to report Lawyer B to the Commission on Lawyer Conduct, or other appropriate authority, if Lawyer A has knowledge that Lawyer B’s conduct raises a "substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects.”
Ethics Advisory Opinion 16-03
Whether it is ethically permissible to host an event for, or give a gift to, a newly elected judge depends on the nature of the relationship between the host(s) or donor(s) and the new judge, as well as on the nature of the event or gift.
Ethics Advisory Opinion 16-02
A lawyer may accept the proposed terms of settlement, provided that they are permitted by Rule 41.1 of the SC Rules of Civil Procedure, as the terms do not restrict use of information gained in the course of representation, but instead are limited to a prohibition of disclosure and publication of the settlement.