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 lawyer who is also a CPA list both professions on the same business card, and what ethics rules apply to running both practices?
The committee concluded a South Carolina lawyer may also practice another profession if he meets both professions' requirements, and the rules do not prohibit showing both on one card or letterhead, t…
Can a lawyer use a musical jingle in radio or TV advertising, or is that too undignified?
The committee concluded that jingle lyrics must meet the same advertising rules as any other ad text, avoiding false or misleading statements and improper specialist claims, but a lawyer could not be …
Can a lawyer who is also licensed in another profession, like medicine, advertise both credentials together?
The committee concluded that nothing in the advertising rules barred a lawyer from noting a second professional license, but the lawyer had to avoid statements likely to create a false impression abou…
Can a lawyer sponsor a Welcome Wagon program that has hostesses hand out the lawyer's cards or brochures to new residents?
The committee concluded that distributing a lawyer's advertising through a Welcome Wagon program is not prohibited, but it is advertising subject to Rule 7.2 and, where a contact amounts to solicitati…
Can lawyers in a firm use a separate letterhead that omits the firm name for certain cases, like collections?
The committee concluded that letterhead omitting the firm's name may mislead recipients about the lawyer's firm affiliation and so violates Rules 7.1 and 7.5; a firm may give a lawyer individual lette…
Can a law firm bar a departing associate from advertising on television for three years as a condition of being named in the firm's commercials?
The committee concluded the proposed agreement, which would stop a departing associate from advertising on television in the area for three years, is an indirect restriction on the right to practice l…
Can a lawyer who is also a registered nurse run a litigation-consulting business, use a trade name, and advertise as a nurse-attorney?
The committee concluded the lawyer may run the consulting business while in a firm so long as conflicts are managed, but because the business involves the practice of law it is governed by the Rules; …
Can a lawyer advertise a 'Workers Compensation Legal Clinic' offering free assistance, and is that misleading?
The committee concluded that 'Workers Compensation Legal Clinic' is an improper trade name under Rules 7.2 and 7.5 because it implies a connection with the Workers' Compensation Commission and the ad …
Will the ethics committee pre-clear a lawyer's proposed radio and newspaper ads, and what standards govern attorney advertising?
The committee concluded it would be inappropriate and impractical to pass on the texts and scripts of the many ads attorneys run each year; while the submitted ads did not appear facially improper, ea…
Can a lawyer send a direct-mail letter soliciting tax-sale property buyers to offer to clear their tax title?
The committee concluded that a lawyer may use written communication to approach tax-sale purchasers known to need title help, but the proposed letter did not comply with Rule 7.3 and needed amendment …
Are a lawyer's television ads permissible when they compare the lawyer's services and experience to those of other attorneys?
The committee concluded that the proposed television advertisements appeared to comply with Rule 7.2's permitted content, but that because they appeared to compare the lawyer's services and experience…
Can a firm mail its brochure to people who attended a seminar its lawyers presented through a for-profit education company?
The committee concluded that mail solicitation is permitted so long as it is not false or misleading and complies with Rule 7.3's disclosure and filing requirements, and that it does not matter the re…
Can a lawyer participate in a referral service run by the state Highway Patrol that sends accident victims to participating attorneys?
The committee concluded that a lawyer should not participate in a lawyer referral service operated by the South Carolina Highway Patrol, because troopers referring victims to specific attorneys may im…
Can a lawyer sponsor a Yellow Pages '900-number' service that plays the firm's recorded pitch after free recorded legal information?
The committee concluded that the recorded advertisement following the free legal information would not be false or misleading under Rule 7.1, but that the arrangement is a recorded solicitation govern…
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 is …
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 mer…
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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.