South Carolina Bar Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the South Carolina Bar, with full citations and source links on every page.
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A lawyer represents both a mother and her injured child; the mother (also the child's guardian ad litem) bars discovery of the at-fault grandmother's assets. What must the lawyer do?
The mother's instruction creates a conflict between her and the minor child the lawyer also represents. The opinion concludes that because the minor cannot consent and the mother's interest may be adv…
Can a lawyer be a certified police officer with arrest powers and also serve as the city prosecutor for cases made by that department?
The opinion finds no per se ethical prohibition, but the lawyer must adhere to Rules 3.7, 3.8, 5.2(a), and 5.4(c), and the prosecution of all cases must remain in the lawyer's full discretion. Problem…
When two LLC members both demand the company book after the lawyer who formed the LLC declined to represent either in their dispute, what must the lawyer do with it?
Absent a written engagement letter designating one member as the company's authorized representative, the lawyer must keep the company book until the dispute is resolved. Under Rule 1.15(e) property c…
Can a South Carolina lawyer hire an associate licensed only in another state to handle Social Security cases, and what must the letterhead disclose?
Hiring the out-of-state associate is not aiding the unauthorized practice of law, because handling only Social Security Administration matters falls within a Rule 5.5(d)(2) exception. But under Rules …
When a longtime client has dementia, can the firm represent his daughter in seeking to have her appointed his conservator and guardian ad litem?
The firm may take protective action for a client with diminished capacity under Rule 1.14. If the client's existing power of attorney makes the daughter his legal representative, the firm may represen…
Can a firm let a satellite-office bookkeeper be the only person on site with access to the IOLTA account, and can the associate rely on the owner to supervise?
Possibly, but only if a lawyer actually supervises the bookkeeper with real access to the books and the trust account. The opinion concludes the duties under Rules 1.15(f), 5.3, and 5.4(c) are not 'ar…
When a pro se plaintiff's former lawyer claims a charging lien on the settlement, must defense counsel hold the disputed funds in trust even though neither claimant is her client?
Yes. The opinion concludes defense counsel may not pay all settlement proceeds to the pro se plaintiff; under Rule 1.15(e) she must keep the disputed portion separate in trust until the lien dispute i…
Can a real estate closing lawyer disburse at the closing table up to the amount of collected funds already deposited, before depositing the remaining cash-equivalent funds?
Yes. The opinion concludes a closing lawyer may 'table fund' a transaction by disbursing up to the amount of collected funds (or collected-fund equivalents) that have been deposited, even though other…
Can a closing firm move marked-up recording fees into a non-trust 'Recording Account' before disbursement, and keep the overcharge as profit?
Until the funds are disbursed they remain client funds and must stay in the trust account; a 'Recording Account' holding only the firm's own money is fine and the firm may tender a trust check directl…
Must a real estate closing lawyer get the lender's or mortgage broker's written informed consent to represent multiple parties, and can the lawyer use an advance consent?
Only if the lender or broker is actually a client. If a client-attorney relationship exists, the lawyer must obtain the lender's informed consent confirmed in writing to multiple representation (or no…
Can a lawyer for an injured servicemember sign the Army's agreement to protect the government's medical-cost recovery out of any personal injury settlement?
Signing the Army's agreement would create a Rule 1.7(a)(2) conflict where liability is questionable and coverage is limited, because the government's independent claim would lower the client's net rec…
Does a lawyer's partnership or fiduciary relationship with another lawyer reduce the duty to report that lawyer's misconduct, and does telling a prosecutor satisfy the duty?
No on both counts. The opinion concludes a professional or fiduciary relationship does not lessen the Rule 8.3 duty to report a known violation that raises a substantial question of a lawyer's honesty…
When co-counsel agree to split a contingent fee and one lawyer later leaves the case, can the fee still be divided 50/50, or must it track each lawyer's hours?
It depends on when the split was agreed. Under former Rule 1.5(e), an equal split needs the client's written agreement to joint responsibility; absent that, the split is in proportion to services perf…
Can a solo lawyer who only does lobbying name his firm 'John Doe and Associates' and list nonlawyer employees on the letterhead?
No to the name: with only one lawyer, 'and Associates' is misleading and violates Rules 7.5(a) and 7.1. The letterhead is acceptable if 'and Associates' is deleted and the nonlawyer employees are clea…
Can a South Carolina lawyer handle only the closing-table portion of a real estate closing for another firm, leaving the pre- and post-closing work to that firm?
The opinion concludes a lawyer may limit representation to part of a closing if the limitation is reasonable and the client gives informed consent under Rule 1.2(c), but the arrangement carries elevat…
Can a prosecutor offer to dismiss criminal charges in exchange for the defendant releasing civil claims against the police?
No. The opinion concludes a solicitor cannot use the criminal process to obtain a favorable result for a third party in a civil action; conditioning a dismissal on the defendant's release of civil cla…
Can a South Carolina lawyer conduct a real estate closing by mail without the client physically present?
Yes. The opinion concludes a lawyer may conduct a closing by mail if the attorney provides competent representation, keeps every aspect of the closing under attorney supervision, and gives the client …
What should a lawyer do with trust-account funds for a settlement check that an insurer never cashed years ago?
The lawyer must safeguard the funds under Rule 1.15, take all notification steps in Rule 1.15 and Opinion 02-05 (including notice by publication), and then, because an uncashed mailed check is unclaim…
Must a foreclosure lawyer get consent when a title search shows the property also has liens held by other clients the lawyer represents in separate foreclosures?
Yes. Foreclosing against lienholders the lawyer represents in other foreclosures is direct adversity between current clients under Rule 1.7(a), requiring each client's consent after consultation. Unde…
Can a former associate represent a client suing the lawyer's old firm over a matter the associate worked on while employed there?
No, not without consent. Because the associate advised the firm (her client under Rule 1.13) on the very dispute, representing the complaining party against the former firm in that same matter would v…
Can a South Carolina lawyer team with an out-of-state law firm to jointly market entity-formation services where the SC lawyer provides all legal advice?
Yes, if the advertising rules are followed. The South Carolina lawyer must provide all legal advice and supervise the out-of-state firm's fact-gathering. The arrangement is not a referral service beca…
When an estate-planning client has become incapacitated and has a conservator, to whom may the lawyer release the client's file after being discharged?
On withdrawal under Rule 1.16, the lawyer must return the file within a reasonable time, but because the client (not the conservator) is the client, the lawyer must assess the client's capacity under …
Can a lawyer who also owns a title insurance agency advertise that affiliation on the law firm's website, letterhead, and business cards?
Yes, if the advertising complies with Rules 7.1 and 7.5. The current rules no longer bar listing an ancillary business, but the lawyer must observe the conflict rules (1.7 and 1.8) when the law practi…
After a client dies, can the lawyer give a copy of the client's will to another lawyer checking title, and can the client's son waive confidentiality?
The lawyer may decline to provide the will and that decision is not reexaminable, but may provide a copy if the lawyer believes disclosure furthers the deceased client's intent and the client did not …
If a health insurer asserts a subrogation claim on settlement funds and the client tells the lawyer not to pay it, what must the lawyer do?
Because the lawyer has actual knowledge of the subrogation claim, Rule 1.15 requires holding the disputed funds in trust until the dispute between the client and the carrier is resolved, and the lawye…
Can a lawyer hold a client's alimony checks to collect unpaid process-server costs the client incurred during the case?
The lawyer may assert an equitable charging lien and hold only the disputed amount until the dispute is resolved, but the opinion warns the approach is risky here because the checks are payable to the…
If a criminal defense lawyer becomes a necessary witness, must the lawyer withdraw, can the lawyer still help with pretrial work, and can a partner take over the trial?
Rule 3.7 may require the lawyer to withdraw from trying the case, but the lawyer may still handle pretrial matters and preparation. A member of the same firm may serve as trial counsel, because Rule 3…
Can a firm that handled a client's home purchase later represent the homeowners' association in placing a lien on that same home for unpaid dues?
No, not without the former client's consent after consultation. The firm's earlier representation of the buyer at the home purchase is substantially related to filing a lien on that home, and the firm…
Does a lawyer have to report another lawyer for suspected double-billing, and can the lawyer warn the suspected biller's client who is also her firm's client?
No. A mere suspicion of double-billing is not the actual knowledge Rule 8.3 requires, so no report is mandatory, even if the other lawyer brags about billing 15 hours; and Rule 4.2 does not bar contac…
Must a lawyer report opposing counsel who knowingly lied to the lawyer's client about what a court order required?
Yes. Opposing counsel's intentional misrepresentation of a material fact (falsely telling the client a divorce decree required a drug test) violated Rules 4.1 and 8.4, and because it raised a substant…
Can a real estate lawyer privately finance the purchase and construction of a home for a contractor client the lawyer regularly represents?
Yes, if the lawyer satisfies Rule 1.8(a): the transaction must be fair and reasonable, fully disclosed in writing the client can understand, the client must have a reasonable chance to consult indepen…
Can a former prosecutor work on a civil case against an institution they investigated as a public official, and can the new firm still take the case?
No, not without the government agency's consent: a former deputy solicitor who personally and substantially investigated a boys' home while prosecuting an abuse case is barred by Rule 1.11(a) from wor…
Can a South Carolina law office be staffed only by SC-licensed associates who report to partners not licensed in South Carolina?
Yes. A South Carolina lawyer may practice under the supervision of a partner not licensed in South Carolina, but the associate must comply fully with the South Carolina Rules; Rule 5.2's safe harbor d…
What must a public defender do when assigned a caseload far larger than national standards recommend?
A public defender may not carry a caseload that forces violations of the duties of competence, diligence, and communication; national caseload numbers are a factor but not determinative, and a lawyer …
Can a lawyer run a law office and a separate non-law business the lawyer owns from the same office, sharing a receptionist and open-cubicle staff space?
Yes, a lawyer may run a law practice and a separately owned business from the same location, but the lawyer remains bound by the Rules of Professional Conduct; the opinion warns that a shared receptio…
Can a firm defend a workers' comp claim when one of its associates already helped the claimant plan the same claim, and would screening or consent cure it?
No. Where an associate had an ongoing personal relationship with the claimant and actively helped plan the claimant's strategy on the same matter, the resulting conflict is imputed to the whole firm u…
Can a multi-state firm's South Carolina office display business cards of firm lawyers not licensed in South Carolina that show the South Carolina address?
No, not without a disclaimer. The South Carolina office may not display the cards of its non-South Carolina lawyers showing the South Carolina address unless the cards state the lawyer is not admitted…
Can a lawyer who served as guardian ad litem in a child-custody case later represent one side in a new custody dispute over a sibling?
No. The new representation is substantially related to the lawyer's prior guardian ad litem role, so Rule 1.9 bars it, and the lawyer would also be a necessary witness, which Rule 3.7 prohibits.
Can a lawyer send a client to consult an opposing professional just to create a conflict and get that person disqualified from the case?
No. A lawyer may not advise a client to consult with another lawyer for the purpose of creating a conflict of interest. The committee viewed engineering a disqualification through a sham consultation …
Can a law firm use a descriptive website address that names its field of practice, like bankruptcylawyer.com?
Yes, as long as the address is not false or misleading. A descriptive URL controlled by South Carolina lawyers is permissible if it complies with the trade-name and advertising rules (7.5, 7.1, 7.4) a…
When out-of-state co-counsel runs ads that may refer cases to a South Carolina firm, must the South Carolina firm be named in the ads?
Yes. If the ads may result in a referral to the South Carolina firm, the firm should be identified. An ad omitting its involvement can be materially misleading under Rule 7.1, and Rule 7.2(e) and 7.2(…
Can a lawyer represent two divorce clients at once and use evidence learned from one client in the other's case?
Yes. The lawyer is not barred from representing both clients merely because crucial evidence came from one of them, as long as neither client objects to using the information, so there is no Rule 1.7 …
Can a lawyer prepare estate documents for donors referred by a nonprofit and be paid by the nonprofit a percentage of the donors' gifts?
The donor is the lawyer's client. The lawyer can take the work and be paid by the nonprofit only if the fee is not a percentage of the gift, is reasonable under Rule 1.5(a), and the lawyer discloses t…
May a South Carolina lawyer report a lender client's intention to keep conducting illegal 'witness only' real estate closings, and is the lawyer required to?
The lawyer may disclose the lender's intention to conduct closings in violation of South Carolina law to the appropriate authorities under Rule 1.6(b)(1), but is not required to. Disclosure is permiss…
Can a South Carolina lawyer who represents the lender close a real estate transaction using documents prepared by another South Carolina attorney?
Yes. The Rules of Professional Conduct do not prohibit it, but the opinion cautions the lawyer to watch for Rule 1.7 conflicts where the lawyer has a business relationship with the lender, and to ensu…
Does a one-hour consultation that never led to representation still create confidentiality duties that can disqualify the lawyer's firm years later?
It can. The confidentiality duty under Rule 1.6(a) may attach to a prospective client even if no representation forms. If confidences were shared, Rule 1.9(b) and Rule 1.10 can bar the lawyer's firm f…
Must a prosecutor disclose to criminal defendants that a police-officer witness lied to superiors during an internal investigation?
Yes. Under Rule 3.8(d), a prosecutor who knows an officer failed to disclose the truth during an official department investigation must reveal that information, because it bears on the officer's credi…
Can a lawyer who is not a certified specialist use a trade name that names a practice area, like 'Midlands Bankruptcy Counselors, LLC'?
The committee concluded a lawyer may include a practice area in a firm trade name even without specialist certification, as long as the firm actually concentrates in that area; naming a practice area …
Can a law firm accept a 2% 'brokerage fee' from a collection agency for referring small accounts the firm could not collect, when the client consents?
The committee concluded the brokerage fees are not unethical fee sharing per se, because the sharing comes from a lay agency's income rather than a lawyer paying for business under Rule 7.2(c); but th…
Can a law firm doing the title search in a real estate closing accept a share of the title insurance premium from the real estate company, on top of charging the client for the closing?
The committee concluded the arrangement does not violate Rule 5.4 and is permissible if the firm properly supervises the title work, charges no excessive or double fee under Rule 1.5, and fully disclo…
Can a lawyer who is being suspended or disbarred sell their law practice to another attorney under Rule 1.17?
The committee concluded a lawyer who has already been suspended or disbarred may not sell the practice, because a trustee steps in and the lawyer no longer has active clients to notify under Rule 1.17…
When a client fires one of two lawyers who agreed to split a fee and then objects to paying the discharged lawyer, can the other lawyer honor the agreed split, and what should happen to the disputed money?
The committee concluded that, absent the client's genuine written agreement to joint responsibility, a fee division under Rule 1.5(e) must be proportional to each lawyer's services; merely sending the…
Can a lawyer practice under the trade name 'Capitol Counsel, L.L.C.' without implying a connection to a government agency?
The committee concluded the trade name 'Capitol Counsel, L.L.C.' does not violate Rule 7.5, because 'capitol' refers to a legislative building rather than any state agency and is unlikely to imply a c…
If a lawyer referral service gives a lawyer a prospective client's contact information but the client never calls, may the lawyer reach out to see if they still need help?
The committee concluded that, absent the client's consent, Rule 7.3(a) bars the lawyer from making in-person or live telephone contact to solicit a prospective client who only received the lawyer's na…
Can a military prosecutor try a defendant for whom the prosecutor once prepared a will and estate-planning documents in an unrelated matter?
The committee concluded yes: under Rule 1.9 the prior estate-planning work is not substantially related to the later criminal charges and the prosecutor learned no confidential information bearing on …
Can South Carolina local counsel serve as a passive 'potted plant' for pro hac vice out-of-state counsel and get a prospective waiver of any malpractice claim?
The committee concluded that whether a prospective malpractice waiver is valid under Rule 1.8(h) turns on whether it is permitted by law: the client-representation requirement is met because the out-o…
When a law firm winds down and its members start a new firm with a nearly identical name (keeping a deceased partner's name), can both firms use that name at once, and how are fees split?
The committee concluded a successor firm may keep a deceased or retired partner's name under Rule 7.5 only if it is a bona fide continuation and the public is not misled; running two firms with confus…
Can a South Carolina law firm hire a nonlawyer lobbyist as an employee, list the lobbyist on its letterhead, and pay the lobbyist a share of the lobbying profits?
The committee concluded the firm may hire a nonlawyer lobbyist on the facts presented: the lobbyist is not engaged in unauthorized practice if confined to lobbying (Rule 5.5(b)), has no control over l…
Can a lawyer employed by a nonprofit run by nonlawyers represent the people it serves, and how do letterhead, the trust account, file custody, and conflicts work in that setup?
The committee concluded a lawyer may, as an employee of a nonlawyer nonprofit, represent third parties on its behalf: the corporation's name and logo may appear on letterhead under Rules 7.1 and 7.5 i…
Can a lawyer who co-owns the builder selling a home explain the closing documents to the buyer and hold the closing funds, if the lawyer tells the buyer he is not their lawyer?
The committee concluded the practice is risky: explaining closing documents and escrowing the buyer's funds may create an attorney-client relationship with the buyer despite a disclaimer, and because …
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Legal ethics opinions from the South Carolina Bar interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.