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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Can a South Carolina lawyer supervise a HELOC closing (recordation and disbursement) without performing a title search when the lender's product requires no title work?
Yes. Because the lender's HELOC product includes no title search or title insurance, there is no title-examination step to constitute the practice of law, so the lawyer may supervise the closing, reco…
Can a South Carolina lawyer serve as local co-counsel with an out-of-state alternative business structure (ABS) that has nonlawyer owners, or own an interest in one?
No to both. A South Carolina lawyer may not serve as local co-counsel with an ABS whose nonlawyer owners would share in the fee, because that violates Rule 5.4's bar on sharing fees with nonlawyers (t…
Can a lawyer authorize a government portal like Pay.gov to debit the trust account to pay a client's medical lien by ACH, and how is recordkeeping satisfied?
Yes. Comment 9 to Rule 1.15 is not an exclusive list, so a lawyer may authorize an ACH debit from the trust account to pay a lien or other client obligation; the lawyer must keep full documentation of…
When a personal-injury client dies before suit is filed and the family declines to open an estate, what must the lawyer do, and must the lawyer tell the insurance adjuster the client died?
The representation ends at the client's death, so the lawyer has no authority to act. Under Rule 1.16(d) the lawyer should take reasonable steps to protect the client's interest, such as notifying pot…
Can a personal-injury lawyer refer clients to a pre-settlement litigation-funding company owned by the lawyer's spouse?
Rarely. Only in unusual circumstances where the lawyer's finances are not significantly intertwined with the spouse's may a lawyer refer clients to a spouse's litigation-funding business; if the lawye…
To guard against a real estate sale scam, can a buyer's lawyer mail a notice directly to the represented seller (or the owner of record) when the seller's lawyer refuses consent?
No. Even with a good-faith fraud-prevention purpose, contacting the represented seller without the seller's lawyer's consent violates Rule 4.2. The lawyer must still investigate ownership under Rules …
Can an elder-law lawyer hire a social worker to help with cases, given that social workers may be mandated reporters of abuse?
Yes. A lawyer may employ a social worker if the lawyer instructs and supervises the worker on the lawyer's ethical duties, but if the worker is a mandated abuse reporter the lawyer must inform the cli…
A lawyer drafted wills for a married couple years ago; now the husband wants new documents disinheriting the wife, who has dementia. Is that a Rule 1.9 conflict?
No, on these facts. Drafting the husband's new documents is not 'substantially related' to the prior joint representation, requires no confidential information from it, and disinheriting a non-spouse-…
Does a very short radio-dashboard or online ad showing only a firm name, the word 'Call,' and a phone number have to include the lawyer's full name and office address?
No. Because the proposed text contains no substantive advertising statements, only the firm name, the word 'Call,' and the firm's phone number, it does not trigger Rule 7.2(d)'s name-and-address requi…
Can a South Carolina lawyer have an out-of-state-only associate work on South Carolina cases without assisting the unauthorized practice of law?
Yes, within limits. An out-of-state associate may do temporary, non-court work on South Carolina matters if the SC lawyer actively participates and supervises, and may appear in court only via pro hac…
Can a lawyer's fee agreement provide for the lawyer's hourly rate to be paid for time later spent testifying as a fact witness about the representation?
Yes. A lawyer may charge a reasonable hourly rate for future time spent responding to discovery or testifying as a fact witness about the representation, and so may include such a provision in the eng…
Can a lawyer help a client prepare pleadings the client files pro se, and does the lawyer have to disclose that assistance to the court?
Yes. A lawyer may limit representation to preparing documents a client files under the client's own name if the limitation is reasonable and the client gives informed consent, and the lawyer is not re…
If a client admits forging and filing a document in a now-closed case, can the lawyer keep representing him in related litigation, and must or may the lawyer disclose the forgery?
The lawyer may continue unless the client intends to use the forged document or its existence in the litigation. Disclosure is mandatory only under Rule 3.3 candor duties; Rule 1.6(b) permits disclosu…
Can a lawyer charge a payee to recover the stop-payment and reissuance costs for a trust-account check that was never cashed?
Yes. A lawyer may charge a check recipient an amount covering the administrative cost of resolving an uncashed trust-account check (such as stop-payment and postage fees) if the amount is not unreason…
Does a lawyer who, while serving as an organization's counsel, later learns of possible misconduct by the former client have a duty to report it, and may the lawyer disclose what was learned?
No mandatory duty. The rules do not require the lawyer to report the conduct or to advise non-clients, and Rule 1.9 prohibits the former in-house lawyer from using or disclosing the information to the…
Can a lawyer pay for a featured placement on a lawyer-rating directory like Expertise.com that calls listed lawyers 'experts'?
No. Because the Expertise.com name and content hold lawyers out as 'experts' in violation of Rule 7.4(b), a lawyer may not participate in or pay for placement on the site at all; a lawyer is responsib…
Can a lawyer pay an annual fee to a company so the lawyer is listed as an 'identified' service provider on a bank's loan-closing forms?
Yes. The bank-form listing only gives contact information and is closer to a paid directory listing than a recommendation, so the annual fee fits Rule 7.2(c)(1)'s exception for the reasonable costs of…
Can a lawyer who buys a firm's assets keep retired partners' names in the new firm's name?
Yes. A lawyer who purchases the firm's assets and continues the practice may use retired partners' names in the new firm name if the new firm is a bona fide successor and the public is not misled; the…
Can an insurance-defense lawyer paid a flat fee put his own money toward a settlement to close the gap and resolve the case faster?
No. The lawyer may not contribute part of his fee directly to a settlement, because that would create a prohibited personal financial interest in the client's case. He may instead offer to reduce his …
Can a lawyer bid on a competitor's name as a search-engine keyword so the lawyer's ad shows up when someone searches for that competitor?
Yes. A lawyer may use competitive keyword advertising that includes other lawyers' or firms' names, subject to all other advertising rules and avoiding derogatory messages; but surreptitiously redirec…
Can a lawyer already representing a subcontractor against a contractor also represent the homeowners suing that same contractor, when the contractor may not have enough assets to pay both?
Yes, if the lawyer works through Rule 1.7. There is no direct adversity, but the contractor's possibly insufficient assets may create a material-limitation conflict under Rule 1.7(a)(2); if so, the la…
Can insurer-retained defense counsel appear for and defend an insured who cannot be located, acting on the insurance carrier's instructions?
Yes. If the insurance contract gives the carrier the right to retain counsel to defend claims against the insured, counsel may appear and conduct the defense of a missing insured on the carrier's inst…
Can a South Carolina lawyer own an interest in a cannabis business that is legal under some states' laws but illegal under federal law?
The Committee does not opine on questions of law, but cautions that participating in activities illegal under state or federal law, including owning an interest in a cannabis business, may constitute …
Can a lawyer sell or advertise for sale a fee judgment against a former client, and what confidentiality limits apply?
Yes. A lawyer may sell a fee judgment against a former client and advertise it for sale, but may not disclose information related to the representation when doing so, because post-judgment sale to a t…
When a prior law firm asserts a charging lien on a settlement, how much must successor counsel hold in trust, and does Rule 1.5(e) fee-sharing apply?
Successor counsel must hold in trust an amount equal to the prior firm's charging-lien claim until the dispute is resolved, unless the claim is frivolous under applicable law. The matter is governed b…
Can a lawyer use a third-party financing company to help clients borrow money to pay legal fees, and do the fees the lawyer pays the company count as sharing fees with a non-lawyer?
Yes. A lawyer may associate with a third-party financing broker that loans clients money to pay fees, and the reasonable fees the lawyer pays the broker are not prohibited fee-sharing because they are…
Can a lawyer accept client earnest-money deposits through PayPal, and when must those funds be moved into a trust account?
Yes. A lawyer may take earnest-money deposits through PayPal if the account holds no funds of the lawyer's own and records are kept; nominal or short-term funds must then move to an IOLTA account, and…
If opposing counsel copies their own client on an email to me, can I hit reply-all and include that represented client in my response?
No, not without consent. Copying a represented party on an email is a communication governed by Rule 4.2, and the mere fact that opposing counsel copied their own client does not, by itself, imply con…
When a lawyer works for a state enforcement agency, can the same office both prosecute a complaint and advise the agency panel that decides it, and who decides whether to appeal?
An agency lawyer who was substantively involved in investigating a complaint should not later serve as advice counsel to the panel adjudicating it. The decision whether to seek reconsideration or appe…
Can a lawyer let a chiropractor pay part of the lawyer's advertising costs in exchange for client referrals?
Yes. A non-lawyer such as a chiropractor may fund a lawyer's advertising in exchange for referrals, but the arrangement creates a Rule 1.7 conflict that requires the lawyer to disclose the relationshi…
Can a lawyer who is also a licensed insurance agent sell auto insurance for carriers that the lawyer's firm may file claims against?
Yes, provided the lawyer does not perform legal work as an insurance agent and does not represent clients against any carrier where that agency relationship would materially limit the representation, …
Can a lawyer advertise a 'Best Lawyers' or 'Super Lawyers' designation and use the organization's badge in marketing?
Yes, if the designation rests on strict, objective, verifiable standards, the standards (or where to find them) and the year are disclosed, the source is clearly attributed, no payment is required to …
Can a lawyer with a virtual practice use a post office box, instead of a home or street address, as the office address in advertising?
Yes. A post office box satisfies Rule 7.2(d)'s requirement of an office address for at least one responsible lawyer, provided the PO box is on file as the lawyer's current mailing address in the Attor…
Can a lawyer use an online flat-fee referral service that takes a 'per service marketing fee' calculated as a cut of the fee earned on each matter?
No. A per-service fee tied to the amount the lawyer earns is improper fee sharing with a non-lawyer under Rule 5.4(a), and even if it were not, it is paying for a referral that no Rule 7.2(c) exceptio…
Can a solo-owned LLC name the firm after the owner and two long-term salaried associates, like 'S, T and U Law Firm, LLC'?
Yes. Because the three lawyers actually practice law together and the 'LLC' designation negates any partnership implication, the firm name is not misleading and does not violate Rules 7.1 or 7.5.
Must a lawyer report opposing counsel's misconduct right away, or can the report wait until the case or appeal is over?
The lawyer must report misconduct that raises a substantial question about another lawyer's honesty or fitness, subject to client consent under Rule 1.6, but may wait until the matter concludes if imm…
When may lawyers pay for an investiture reception or buy a gift for a newly elected judge without improperly influencing the judge?
It depends on the relationship and the gift. A general-membership bar association may host a reception or give a gift as a public testimonial with anonymous contributions; the dollar value of a gift i…
Can a lawyer agree to a settlement confidentiality clause that bars disclosing or publicizing the settlement terms?
Yes. A clause that only bars disclosing or publicizing the settlement is permissible, but a clause that bars the lawyer from using information gained in the representation in later matters would viola…
If a personal injury lawyer believes a hospital's claimed lien or assignment on the settlement is invalid and frivolous, must the lawyer still hold back funds to protect it?
No. Under Rule 1.15(e) a lawyer may refuse to protect a third party's claim on settlement funds if the lawyer believes in good faith that the claim is frivolous or without substantial grounds, though …
May a lawyer list a professional certification, like the CIPP/US privacy designation, after their name in an email signature block?
Yes. A truthful, objectively verifiable certification from a recognized organization, available to lawyers and non-lawyers alike, may be listed because it is informational and not misleading, and Rule…
Can a law firm hand out boxes of donuts, branded koozies, and discount coupons to the banks and real estate agents that refer it clients?
Yes. Giving gifts and marketing materials to referral sources is permitted as long as the gifts are delivered regardless of whether or how many clients the source referred, so there is no quid pro quo…
If a spouse and his father paid the legal fees for a client's earlier case, can the lawyer later represent that client in a divorce against the spouse?
Yes. Paying another person's legal fees does not, by itself, make the payer a client or prospective client, so a later representation adverse to the payer is not a conflict as long as the prior paymen…
If a lawyer signs a mediation agreement promising to pay the client's share of the mediator's fee, is the lawyer ethically bound to pay it?
Yes. Although counsel is not normally a guarantor of a client's debt to a mediator, a lawyer who signs an agreement promising to pay the mediator is bound; refusing without legal justification would l…
Can a lawyer serve as a contract prosecutor for a municipality whose policy forbids any dismissals or plea negotiations, eliminating prosecutorial discretion?
No. A municipal policy of no dismissals and no negotiations is inconsistent with Rule 3.8(a), which requires a prosecutor to refrain from prosecuting charges not supported by probable cause; prosecuto…
Can a lawyer take cases through an attorney-matching service that pays part of the fee but forbids the lawyer from telling the client what the service paid?
No. Rule 1.8(f) bars the arrangement, because the service's contract prohibits the lawyer from disclosing what it paid, so the lawyer cannot obtain the client's informed consent to the third-party pay…
Can a lawyer pay a real estate agency a monthly fee to be listed as a 'Preferred Closing Attorney' with access to agents and meetings?
No. Paying for 'Preferred Closing Attorney' status violates Rule 7.2(c), because everything bought (the listing, advertising placement in the agency's office, and access to agents and meetings) is des…
Can a lawyer represent clients against the agency where the lawyer's spouse used to work as agency counsel, when the spouse has left and they practice in different firms?
Yes. A lawyer may represent or serve as guardian for clients adverse to the Department of Social Services even though the lawyer's spouse formerly litigated those cases for DSS; Rule 1.8(k) does not a…
Can a firm ask a foreclosure court for attorney fees based on a percentage of the debt when its actual contract with the client is a smaller flat fee?
The firm may apply for such fees, but if it petitions for more than the client is obligated to pay under the engagement, Rule 3.3 requires disclosing the contract terms to the court. The committee dec…
Can a furloughed government lawyer defend her own agency against other employees' furlough complaints, and may she do so if she is also pursuing her own furlough complaint?
She may defend the agency from furlough complaints if she reasonably believes she can provide competent and diligent representation under Rule 1.7(b)(1), even though her own furlough creates a waivabl…
Can a lawyer join a for-profit company's co-op TV ad campaign that rotates incoming calls among participating lawyers?
Yes, if carefully structured. A rotation-based group TV ad with a for-profit company is the reasonable cost of advertising under Rule 7.2(c)(1), not a prohibited for-profit referral service, provided …
When a nonprofit pays into a lawyer's trust account to fund a client's representation, who owns and controls the money, and what must the lawyer tell the client?
The payor and client must sort out ownership between themselves; the lawyer must not arbitrate disputed funds. The lawyer decides how to apply the funds to the matter and cannot let the third-party pa…
Can a law firm rent space from a real estate agency to become a 'preferred attorney,' and jointly own a title insurance agency that splits premiums with the agency?
Yes to both. Renting office space at fair market terms to be a preferred attorney does not violate Rule 7.2(c), and a law firm may co-own a title insurance agency LLC with a real estate agency and spl…
Must appointed defense counsel personally pay an investigator for work the indigent-defense commission refused to cover?
No. Where the lawyer incurred no contractual obligation, the Rules of Professional Conduct do not require appointed counsel to supplement what the Commission on Indigent Defense pays; In re Jackson ad…
If a lawyer learns that another lawyer altered an email and offered it as evidence, must the lawyer report that to disciplinary authorities?
Yes. On these facts, a lawyer who knows another lawyer altered a document and offered the altered version to a tribunal must report it under Rule 8.3(b), because altering and presenting evidence raise…
Can lawyers who share an office but keep separate finances, staff, and trust accounts call themselves an LLP 'law firm' partnership?
No. Holding out largely independent practices that do not share profits as a partnership or LLP is misleading to the public under Rules 7.1 and 7.5(d); a firm name may state or imply a partnership onl…
Can a lawyer treat an ACH transfer into the trust account as 'collected funds' that may be disbursed for a real estate closing?
No, not right away. Because ACH deposits can be reversed, they may not be treated as collected funds under Rule 1.15 at least until five banking days after receipt, when the window to reverse an erron…
When a deceased client's file is demanded by the estate's personal representative, who was the client's adversary in life, must the lawyer turn it over?
Not without authorization. Confidentiality survives the client's death, so the lawyer may release file items only to the extent the deceased client or the probate court specifically authorized; anythi…
Must a law firm's billboard advertising in South Carolina name a South Carolina-licensed lawyer, and may the billboard show the likenesses of firm members not licensed in South Carolina?
An out-of-state firm may advertise on billboards in South Carolina and include images of firm members not licensed in South Carolina, if the billboard meets all South Carolina advertising rules. Rule …
Does letting a title insurance company's third-party auditor conduct an off-site desk review of a lawyer's trust account violate the duty of confidentiality?
It depends on how the audit is conducted. A properly conducted off-site audit does not violate Rule 1.6. The lawyer may share overall account balances and basic reconciliation (no client-identifying d…
If a lawyer holds a mortgage on the property in dispute to secure unpaid fees, does advising the client on a settlement that would make that mortgage more valuable create a conflict of interest?
Not automatically. A mortgage securing the fee is permitted if Rules 1.8 and 1.5 are met; a settlement decision that affects the lawyer's fee does not create a conflict unless the lawyer reasonably be…
Browse South Carolina Bar opinions by topic
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.