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 law school graduate who is awaiting bar exam results sign correspondence for a law firm without misleading anyone?
The committee concluded that a law graduate awaiting bar results may sign firm correspondence on matters for which a supervising lawyer takes responsibility, but must make his nonlawyer status…
May a county attorney recruit a taxpayer plaintiff, including through the news media, to bring a declaratory-judgment test case?
The committee concluded the county attorney could seek a taxpayer plaintiff if he followed safeguards: Rule 1.8(e) and (j) are not violated absent financial assistance or a proprietary interest,…
Can a paralegal or legal assistant carry a business card showing the law firm's name?
The committee concluded that no rule specifically governs nonlawyer business cards, but because a card is a communication like a letterhead, it is permissible under Rules 7.1 and 7.5 so long as it…
After closing a mortgage for the borrower, can the same lawyer later update the title, file a lis pendens, or handle the foreclosure for the lender?
The committee concluded that, assuming the lawyer represented the borrower or all parties at closing, updating the title is permissible because it only reports public record, but filing a lis…
If a lawyer drafts a client's will naming himself executor and trustee, may he take both an executor's and a trustee's commission?
The committee concluded the question was not directly governed by the Rules: the lawyer could take a double commission on the same terms a non-lawyer could, but any commission method set in the will…
When a law firm partner sits on city council, can the firm's other lawyers represent clients against the city or appear in city court?
The committee concluded that a councilman partner is barred under Rule 1.7(b) from representing clients adverse to the city, and that bar is imputed to the firm under Rule 1.10(a); but the Rules do…
Does a lawyer violate the rules by telling an opposing witness, after her deposition, that the deposition could have been skipped if the other side agreed not to call her at trial?
The committee concluded that disclosing such an offer to the witness after her deposition did not violate Rule 3.4, because it neither obstructed discovery nor asked the witness to refrain from…
In an uncontested divorce, can one spouse's lawyer draft and file a responsive pleading and waiver of appearance for the unrepresented other spouse?
The committee concluded that a lawyer may draft and submit a responsive pleading and waiver of appearance for the unrepresented opposing party in a divorce, but only after deciding, on the facts,…
Can a lawyer advise a client to talk directly with an adverse party who has their own lawyer, without that lawyer's consent?
The committee concluded that Rule 4.2 restricts the lawyer's own contact, not the parties', so a lawyer may tell a client it is permissible to speak directly with a represented adverse party, as…
Can law firm principals own a life insurance agency and refer their estate-planning clients to it for commissions?
The committee concluded the arrangement appears permissible only with full written disclosure and the client's written consent, and only if the lawyer constantly acts in the client's best interest…
Can a former assistant solicitor defend criminal cases in the county where he served, and does it matter that his spouse is still a solicitor there?
The committee concluded that a former assistant solicitor may defend in the county where he served, except in a matter he handled personally and substantially as a public employee (which needs the…
Can a lawyer voluntarily disclose the identity of his clients and how much work he does for them, for instance in his own divorce discovery?
The committee concluded that client identity and the amount of work done for a client are information relating to the representation protected by Rule 1.6(a), so the lawyer may not voluntarily…
If an associated co-counsel in a contingency case is court-ordered to withdraw, can he still recover a share of the fee, and how is it measured?
The committee concluded that a co-counsel who worked on a contingency case without disqualification but was later ordered by the court to withdraw, through no fault of his own, may recover a…
Can lawyers own a corporation that processes insurers' Second Injury Fund claims, as long as it only does paperwork and refers any litigation out?
The committee concluded that lawyers may own and operate such a corporation if its activities are purely ministerial (preparing claim forms); giving legal advice, negotiating, or appearing at…
When a law firm member serves as a part-time municipal judge, can the firm's other lawyers appear before that same court?
The committee concluded that a part-time municipal judge may not practice in the court he serves, and that disqualification is imputed to his law partners, who may not appear before that court…
Can a lawyer run an estate-planning arrangement with an insurance agency where the agent sends customer data, the lawyer writes a memo, and the agent sometimes pays?
The committee concluded the arrangement raises several issues the lawyer must manage: an unsolicited memo may be a solicitation under Rules 7.1 and 7.3, the customer may become a client triggering a…
Can a private lawyer who sits on a public defender's board represent a co-defendant the public defender cannot take due to a conflict?
The committee concluded that a private lawyer who serves on a public defender or legal services board may represent clients adverse to the agency's clients under Rule 6.3, provided that in the board…
Can a lawyer representing himself serve as both advocate and witness in his own case?
The committee concluded that neither the Rules nor the former Code prevents a lawyer from being both advocate and witness in his own case, because Rule 3.7 and its predecessors address representing…
Can a lawyer post cash in lieu of a surety bond for a client, and from what kind of account should the check be drawn?
The committee concluded that a lawyer may not advance his own money as cash in lieu of a surety bond (that is prohibited financial assistance), but may post the client's own funds if the client is…
If a lawyer stepped aside at trial because he might be a witness but never testified, can he represent the client on appeal?
The committee concluded that a lawyer who declined trial representation because of his potential witness status may represent the client on appeal where he did not actually testify, since the…
Can an assistant solicitor appear before a circuit judge whose law clerk is the solicitor's own spouse?
The committee concluded that an assistant solicitor should be precluded from appearing before the resident judge on any matter while his spouse serves as that judge's law clerk, because a clerk…
Can a lawyer co-own a consulting corporation with nonlawyers that offers legal advice and representation to the company's clients for a fee?
The committee concluded that a lawyer could not participate in a consulting corporation co-owned with nonlawyers that provides legal services to clients for a fee: it would have the corporation…
Can a lawyer guarantee a client's loan from an outside lender, to be repaid from settlement, instead of advancing the money directly?
The committee concluded that guaranteeing a client's loan from a lender, to be repaid from settlement proceeds, is improper for the same reasons direct loans are: it gives the lawyer a personal…
How may a court-certified specialist announce the certification in printed announcements without misstating the credential or implying broader specialties?
The committee concluded the lawyer could advertise the certified specialty but could not say she was 'appointed' by the Supreme Court, must avoid implying certification in non-certified fields she…
Can a lawyer who represents the guardian ad litem for abused children also contract to represent the state DSS at the review hearings in those cases?
The committee concluded the lawyer could not represent both the guardian ad litem (or child) and S.C. DSS in the same case, because the representation continues through the review hearings and DSS…
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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 advisory, 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.