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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How should a firm list a retiring partner who forms his own PA but stays in the building as Of Counsel?
The committee concluded the firm's letterhead should indicate that the retiring lawyer is 'Of Counsel' to the firm and that he practices through his own professional association, and that the firm's a…
After being dismissed from a suit, must a lawyer still keep a former client's confidences when other defendants want her testimony?
The committee concluded the duty of confidentiality and the attorney-client privilege continue after the relationship ends, and because neither Rule 1.6(b) exception applied (no criminal act, and the …
Can a lawyer who also sells life insurance refer a client to an insurance agent and share the commission?
The committee found no rule prohibiting a licensed attorney from selling life insurance in South Carolina, and concluded the rules would not prohibit a practicing attorney from referring clients to a …
Can a plaintiff's lawyer directly notify a defendant's homeowners insurance carrier of the claim against its insured?
The committee concluded the attorney may communicate with the insurance carrier to inform it of the nature of the client's claim against its insured, because the carrier is not a represented party, so…
Can a lawyer for an adoption agency also represent the adoptive parents in the same uncontested adoption?
The committee concluded the lawyer may not represent both the adoption agency and the adoptive parents, because the lawyer's duty to help the agency present factual statements about the parents' fitne…
Can a lawyer attend a meeting between the lawyer's clients and a represented school's officials about the clients' injury claim?
The committee concluded that, assuming the school is represented by counsel, Rule 4.2 bars the attorney from communicating with the school's officials about the matter without the school's counsel's c…
Can a lawyer give the IRS a former client's closing documents and checks without the client's consent?
The committee concluded the attorney may not disclose any of the documents to the IRS without the client's permission or a court order, because Rule 1.6 makes all information relating to the represent…
Can a lawyer represent a contractor against a former client the lawyer once briefly advised about suing that same contractor?
The committee concluded no: the lawyer must withdraw under Rule 1.9(a), because the lawyer had formerly looked into the client's potential claim against the contractor, and continued representation of…
Can a lawyer contact a represented former employee of the opposing corporation just to learn the name of that employee's personal counsel, and is the employee's counsel's consent enough to talk further?
The committee concluded the lawyer may contact the former employee solely to obtain the name of the employee's personal counsel (a written request being more prudent), since that is not a communicatio…
Must a lawyer disclose to subcontractors a payment the client made after a lien notice, and can the lawyer summarize the balance owed without mentioning that payment?
The committee concluded that, assuming no criminal or fraudulent act, the lawyer has no affirmative duty to disclose the client's $50,000 payment to the general contractor, but having chosen to give t…
Can a lawyer close loans brokered by a corporation in which his wife is a major shareholder, appear on the broker's attorney-referral list, and must he disclose her interest?
The committee concluded the lawyer may serve as closing attorney for borrowers of his wife's brokerage if he carefully monitors confidentiality and conflicts under Rules 1.6, 1.7, and 1.8 and obtains …
Must a lawyer who advertises practice areas disclose that he is not certified to try state-court cases alone and is not admitted to practice in bankruptcy court?
The committee concluded that a practice-area advertisement is false and misleading under Rule 7.1 if it omits that the lawyer lacks Rule 403 certification (so cannot appear alone in the trial of a sta…
Must a lawyer give a former client his entire file, including mental-health records a treating physician marked 'not to be shown to the patient'?
The committee concluded that under Rule 1.16(d) the lawyer must release the entire file to the former client, including the mental-health records the physician stamped 'not to be shown to the patient,…
Can a lawyer pass the credit card company's service fee on to clients who pay fees or retainers by credit card, and does it matter if the retainer is nonrefundable?
The committee concluded a lawyer may charge clients the actual credit-card service fee so long as the total fee is reasonable under Rule 1.5(a), the lawyer fully discloses the charges before billing t…
What can a lawyer do when, in a contingency case, the client cannot be located despite reasonable efforts and the client failed to provide updated contact information?
The committee concluded that if the lawyer has pursued all reasonable avenues to locate the client and the client cannot be found through the client's own fault, it is reasonable for the lawyer to tre…
Can a law firm publish a newspaper announcement that a nonlawyer lobbyist has joined the firm as 'Executive Director of Government Affairs'?
The committee concluded the announcement is permissible if it complies with Rule 7.2 (especially Rule 7.2(d)): describing the nonlawyer's role as an administrative position is not materially misleadin…
Can lawyers who sit on a business-incubator board represent tenants of the incubator, must they abstain from related votes, and can they hand out a directory of other lawyers?
The committee concluded that, with full disclosure and consent, lawyers on a business-incubator board are not barred from representing tenants under Rule 1.7; abstention is governed by board policy an…
May a lawyer serving as a child's guardian ad litem reveal the child's confidences, and when does the guardian role turn into an attorney-client relationship?
The committee concluded that a guardian ad litem who is not also acting as the child's lawyer may reveal the child's confidences to the court as needed to carry out the guardianship or protect the chi…
If a would-be client briefly calls a lawyer and is immediately referred elsewhere, is the lawyer barred from later representing a longtime client the caller sues?
The committee concluded no attorney-client relationship arose from the brief screening call (no fee, no retainer, no documents, no confidences shared, and an immediate referral), so neither Rule 1.7(a…
Can a lawyer who, as a non-attorney family-court clerk's employee, once helped get a bench warrant against a delinquent father now represent the mother seeking his child-support arrearage?
The committee concluded the lawyer may represent the mother, because his prior government participation (locating the father and giving a description for a bench warrant) was personal but not substant…
Can a lawyer pay a fact witness, including one who happens to be an attorney, more than the statutory subpoena fee for the time spent testifying?
The committee concluded that, to the extent paying a witness more than the statutory subpoena fee is legally permissible, there is no ethical prohibition on compensating a fact witness for time lost t…
Can a lawyer who works part-time as a special prosecutor represent civil plaintiffs against a tortfeasor the same solicitor's office is prosecuting, and does resigning cure the conflict?
The committee concluded that, while serving, the part-time special prosecutor should not represent a civil party against a defendant the solicitor's office is prosecuting, because access to the office…
Can lawyers who are personal friends of a judge sponsor or attend a baby shower for the judge and give baby gifts?
The committee concluded lawyers may take part in a social event honoring a judge friend, and give a gift, so long as the participation or gift is not intended (and does not appear intended) to influen…
After one judge refuses to accept a negotiated guilty plea, can the parties present the same plea to a different judge?
The committee concluded the plea may be presented to and accepted by another judge, but only if the parties disclose (preferably on the record) that a prior judge rejected the plea and the reasons, be…
Can a defendant's lawyer interview, ex parte, a former control-group employee of the opposing corporation whose statements could bind that corporation?
The committee concluded the defendant's lawyers may not interview the plaintiff corporation's former control-group employee ex parte, because under Rule 4.2 his past managerial responsibility over the…
Can a lawyer who represents a minority shareholder also represent that client's daughter in her divorce from the company's president?
The committee concluded the representation would not violate Rule 1.7 on the facts presented: nothing showed the interests of the client and her daughter were directly adverse or that the lawyer's dut…
Can a lawyer hire a current client (a building contractor the lawyer represents in a divorce) to build the lawyer's own house?
The committee concluded the lawyer may contract with the client to build the lawyer's home if the lawyer satisfies Rule 1.8(a): the transaction is fair and reasonable, all terms are fully disclosed in…
Must a South Carolina lawyer physically conduct the closing of South Carolina real estate inside the state, or can the lawyer close at an out-of-state office?
The committee concluded there is no ethical rule requiring a South Carolina lawyer to perform the closing of South Carolina real property within the state's boundaries, provided all legal requirements…
Can a South Carolina lawyer sue a corporation in tort for a new client when the lawyer once handled an unrelated collection matter for that corporation years earlier?
The committee concluded Rule 1.9 does not bar suing a former client on a wholly unrelated matter under the substantial-relationship test, but the lawyer must police himself, and clear retention and te…
When a lawyer leaves a firm and will not keep practicing, who must notify the clients she handled, and is the firm's failure to pay her wages an ethics issue?
The committee concluded the firm should send the promised notification and continue the representation, the departed lawyer should write clients herself if the firm does not, and the firm's unpaid-wag…
Can a South Carolina law firm whose member is appointed to represent an indigent client or serve as a guardian ad litem contract with an outside lawyer to handle that appointed representation?
The committee concluded a firm does not violate Rule 6.2 merely by contracting with an outside lawyer to provide the appointed representation, as long as the appointed lawyer obtains court approval to…
Can a South Carolina lawyer buy a client's structured settlement on the same terms a settlement-purchasing company offered, without violating duties to the client?
The committee concluded the lawyer may purchase the client's structured settlement only by complying with Rule 1.8(a)'s strict business-transaction requirements, and the lawyer's other duties of loyal…
Can a South Carolina lawyer take a $125 fee from a mortgage company just to witness the borrowers' signing of loan documents when the company handles the rest of the closing?
The committee concluded the lawyer's limited role is a potential violation of Rule 5.5(b) if the mortgage company's handling of the closing constitutes the unauthorized practice of law, a question onl…
When a bench warrant is out for a client who is coming in to consult, does a South Carolina lawyer have to notify the authorities of the client's anticipated whereabouts?
The committee concluded the lawyer has no affirmative duty to reveal the client's whereabouts to the tribunal absent the client's intent to commit a criminal act, because Rule 1.6 confidentiality cont…
Can an insurance-defense firm send its detailed legal bills to the insurer's outside auditing company, and can it let that auditor review bills from its other, unrelated clients?
The committee concluded the firm may send the insurer's bills directly to the outside auditor only with the informed consent of both the insurer and the insured under Rule 1.6, but it may not release …
Can a South Carolina lawyer draft a condo sales contract that charges buyers a $250 fee waived only if they use the seller's lawyer to close, and then represent those buyers?
The committee concluded drafting the contract and representing the buyers is not unethical: it found no statute making the inducement criminal under Rule 8.4 and no direct solicitation under Rule 7.3,…
Can a South Carolina lawyer represent a wife in her divorce when the lawyer previously represented the husband in a child custody matter and an accident case?
The committee concluded the lawyer is barred under Rule 1.9(a) only if the divorce is substantially related to the prior representation of the husband, a fact question for the lawyer; if it is, only t…
In a child-abuse case, can a parent's lawyer talk to the minor child who comes in wanting to recant, when the child has a guardian ad litem but no separate lawyer?
The committee concluded the child must be treated as represented through the guardian ad litem and the Children's Code, so under Rule 4.2 the parent's lawyer must notify and obtain the consent of the …
When a South Carolina lawyer learns after trial that the client and a witness committed perjury, must the lawyer act, and may the lawyer tell the insurer or law enforcement?
The committee concluded the lawyer must inquire and, if satisfied false testimony was given, urge the client to correct it and otherwise disclose to the court under Rule 3.3 until the proceeding concl…
Must a former South Carolina solicitor get the State's consent before representing a criminal defendant who was indicted during the solicitor's term, even if the solicitor's role in that case was minimal?
The committee concluded that because all indictments during the former solicitor's term were approved under his supervision, a Rule 1.11 conflict arises even where his involvement was minimal, but the…
Can a South Carolina lawyer transmit confidential client communications by email over private, commercial, or Internet networks?
The committee concluded email carries a reasonable expectation of privacy and its use does not waive confidentiality under Rule 1.6, while noting a lawyer still owes reasonable care and may discuss op…
Can a South Carolina lawyer give a second opinion to someone the lawyer knows is represented by another lawyer in the same matter, without the first lawyer's consent?
The committee concluded a lawyer may discuss a pending matter and give a second opinion to a person represented by another lawyer without that lawyer's consent, but must qualify any opinion that requi…
Can a South Carolina lawyer send direct-mail solicitations to companies and seminar attendees not known to need legal services, and which Rule 7.3 notice and filing requirements apply?
The committee concluded the lawyer may send direct-mail solicitations and brochures to companies and seminar attendees not known to need legal services; only solicitations to prospective clients known…
If a South Carolina lawyer cannot reach opposing counsel to continue a hearing that conflicts with a trial, can the lawyer take the case only on the condition that the hearing is continued?
The committee concluded the lawyer may take the case only on the condition that the hearing be continued; the lawyer cannot accept the case and leave the client unrepresented at the hearing, and canno…
Can a South Carolina lawyer serve as an arbitrator or mediator in a dispute where the lawyer's own firm represents one of the parties, and can the parties' consent cure that conflict?
The committee concluded a lawyer may not serve as an intermediary in a matter where the lawyer's firm appears as counsel for a participant, whether the lawyer is a partner or an associate, and the con…
Can a South Carolina law firm pay paralegals a bonus calculated as a percentage of the amount each paralegal billed to clients?
The committee concluded a firm may pay paralegals a bonus based on amounts billed to clients as a permitted profit-sharing arrangement under Rule 5.4(a)(3), so long as the amounts billed remain reason…
Can a South Carolina lawyer let a real estate seller pay the lawyer's fee for buyers who use the lawyer's firm to close, and recommend that arrangement to developer clients?
The committee concluded the seller may pay the lawyer's fee if the lawyer satisfies Rule 1.8(f) (client consent after consultation, no interference with independent judgment, confidentiality), avoids …
Can a South Carolina lawyer who is a certified mediator list that certification on the lawyer's letterhead and business cards?
The committee concluded a lawyer who is a certified mediator may state that designation on letterhead and business cards, because the designation is truthful and does not falsely imply specialization …
Can a South Carolina law firm form a wholly attorney-owned subsidiary to market its tax-free exchange legal services and advertise it as a legal affiliate of the firm?
The committee concluded forming an attorney-owned subsidiary to provide legal services is ethically permissible, and both the firm and the subsidiary remain bound by the advertising rules (7.1, 7.2, 7…
Can a South Carolina lawyer give new residents a discount coupon for legal fees through a Welcome Wagon packet and follow up by letter if they do not respond?
The committee concluded a lawyer may offer a discount coupon for legal services so long as it is not false or misleading, but a follow-up letter to a non-responding recipient has the potential to viol…
Can a South Carolina lawyer go into a business venture with a client, such as co-owning an LLC to buy and partition heir property?
The committee concluded a lawyer may enter a business transaction with a client only by satisfying Rule 1.8(a)'s requirements (fair, fully disclosed in writing, chance to seek independent counsel, wri…
Can a South Carolina lawyer collect a fee in a domestic case by suing on a note and foreclosing a mortgage given as security for the fee?
The committee concluded there is no general ethical bar to collecting a fee by suing on a note or foreclosing a mortgage given as security, but a lawyer may not take a security interest in property wh…
Can a former public defender, now in private practice, take a court appointment in a PCR matter for a defendant the PD office represented while the lawyer worked there?
The committee concluded automatic per se disqualification does not apply if there was sufficient separation of duties, caseload, and employees between the former public defender and the office's repre…
Can a South Carolina lawyer serving as conservator for a minor also act as the minor's attorney in a personal injury claim, even with court approval?
The committee concluded a lawyer appointed as conservator for a ward may not also act as the ward's attorney, even with court approval, because the dual role undermines the control system in Rules 1.2…
If a South Carolina lawyer sends a solicitation letter with a marketing videotape, must the required advertising disclaimers appear on both?
The committee concluded the Rule 7.3(c) requirements apply to both the letter and the videotape in a single marketing package, so the advertising-material label and the other required notices and disc…
Does a legal services referral program create a conflict when it interviews both spouses in a divorce and refers each to a different panel attorney?
The committee concluded there is no conflict when a legal services program interviews a husband and wife separately and refers them to different, unrelated panel attorneys, so long as neither attorney…
Can a South Carolina lawyer set up and serve as trustee of a legal defense fund for a retired judge facing a grand jury investigation?
The committee concluded a lawyer with no attorney-client relationship to the judge and no role in his defense is not barred from establishing and serving as trustee of his legal defense fund; Rule 3.5…
Can a South Carolina lawyer hire an independent or freelance paralegal service and bill clients for its work?
The committee concluded a lawyer may employ an independent paralegal assistance service, including independent contractors, as long as the lawyer adequately supervises the work and remains responsible…
Can a South Carolina lawyer share office space and a secretary with a member of another profession?
The committee concluded that sharing offices with another profession does not by itself violate the Rules, but the lawyer must recognize that sharing offices and a secretary creates a potential for br…
Can a South Carolina lawyer pay a bail bondsman a fee to keep the lawyer's business cards or brochures in the bondsman's office?
The committee concluded a lawyer may not pay a bail bondsman a fee to place the lawyer's cards or brochures in the bondsman's office, because Rule 7.2(c) bars giving anything of value for recommending…
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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.