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 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 …
Can a lawyer who is a member of a church sue that church on behalf of other clients?
Yes, if the conditions of Rule 1.7(b) are met. The committee concluded the lawyer may represent clients suing his own church so long as he reasonably believes his church membership will not adversely …
Can a lawyer own a majority of a mortgage brokerage and then close loans for, and take referrals from, that business?
The committee concluded there is no per se bar to a lawyer owning a mortgage brokerage while practicing law, but the lawyer must disclose the interest and any Rule 1.7/1.8 conflicts to customers who b…
Can a former deputy solicitor who prosecuted a defendant for arson later represent that same person in an insurance claim arising from the same fire, and can his new firm continue the matter?
The committee concluded the former prosecutor may not represent the client in the civil insurance matter arising from the same facts he prosecuted, because doing so would exploit his former public off…
If one partner becomes a part-time juvenile solicitor, is his law partner barred from defending criminal clients in General Sessions Court?
The committee concluded the part-time juvenile solicitor has no Rule 1.7 conflict, because his separate office, distinct juvenile caseload, and different court make the juvenile solicitor's office a s…
If a lawyer in a firm is a part-time municipal judge, can the firm's other lawyers practice in that same court, as long as they never appear before the part-time judge?
The committee concluded that an associate or partner of a part-time municipal judge is not ethically barred from practicing in the court where the judge presides, so long as that lawyer does not appea…
When a personal-injury lawyer's spouse co-owns a chiropractic clinic and they share its profits, can the lawyer cross-refer with the clinic and represent its patients?
The committee concluded the lawyer may refer clients to the clinic only if the referrals are not a quid pro quo for referrals received (Rule 7.2(c)) and the lawyer discloses his financial interest; be…
After a firm unknowingly represented both sides in unrelated matters, can the firm keep suing the contractor for the church when the contractor uses the old conflict as settlement leverage?
The committee concluded no former-client consent was needed under Rule 1.9 because the church's construction suit was unrelated to the firm's prior workers'-comp defense of the contractor; but if the …
If a doctor sends a form letter claiming Rule 1.15 gives him a lien on a client's settlement, must the lawyer pay the doctor's bill out of the recovery?
The committee concluded Rule 1.15 does not itself create a lien for the physician; the Rules of Professional Conduct do not create substantive rights, so without a valid lien or assignment the lawyer …
When a former prosecutor now works for a prosecutor-training nonprofit and takes criminal-defense appointments, does he have to disclose that history or check old employers for conflicts?
The committee concluded the lawyer's current training-organization job and his bare status as a former prosecutor did not, by themselves, require disclosure to defense clients; a conflict arises under…
At a real estate closing, can a lawyer represent only the seller (who pays the fee) and tell the buyer in writing that the lawyer is not the buyer's lawyer?
The committee concluded a lawyer may represent only the seller at a closing if the lawyer complies with Rule 4.3, disclosing that the lawyer represents the seller alone and that the buyer should get s…
Can a South Carolina lawyer take a fee from an out-of-state debt-management firm for steering people who are not good bankruptcy candidates to that firm, and act as the firm's local of counsel?
The committee concluded the lawyer may take a fee for referring clients to the firm if the lawyer satisfies Rule 1.7(b) and the firm's debt-management work is not the unauthorized practice of law, and…
Do two lawyers on opposite sides of a will probate have a conflict when their firms are negotiating a merger?
The committee concluded that once merger discussions reach a formal stage, the lawyers' interests in the merger may materially limit their representation, so each must avoid letting that interest soft…
If a lawyer mistakenly signed up two drivers from the same crash, can the lawyer keep representing one after dropping the other?
Assuming an attorney-client relationship formed with both drivers when each signed a representation contract, the committee concluded the lawyer could withdraw from representing the second driver unde…
When a lawyer closes a loan for both borrower and lender, must the lawyer warn the borrower about a bad interest rate or a high broker fee?
The committee concluded a lawyer generally has no duty to investigate a client's business affairs or to advise that a commercial transaction is unfavorable, so absent undertaking such advice the lawye…
Does a lawyer who sits on a quasi-governmental board have a conflict suing a company when others have sued that board over the same facts?
The committee concluded that participating in a joint deposition did not by itself create a conflict, but because the lawyer's representation of the client could be materially limited by the lawyer's …
Can a lawyer who handled a couple's past real estate closings later represent the wife in a divorce against the husband?
The committee concluded there was no conflict of interest: the divorce was not the same or a substantially related matter to the earlier closings, and the facts revealed no confidential information fr…
Can a closing attorney represent a buyer when the seller or lender will pay the buyer's fees only if their own attorney is used?
The committee concluded the attorney has no duty to ask the seller or lender to drop the condition (so long as the attorney did not pay for the referral through reduced fees or otherwise), but if the …
When a lawyer represents both spouses in one personal injury case, can one spouse demand the other be dropped so a settlement can be taken?
The committee concluded that because an attorney-client relationship existed with the spouse once a loss-of-consortium claim was filed on the spouse's behalf, the client could not demand the spouse's …
Can a lawyer close a residential loan whose documents use another state's law (and a prepayment penalty) contrary to South Carolina law, and what if the lawyer isn't competent in that other law?
The committee concluded a lawyer may not close a transaction the lawyer knows is criminal or fraudulent (Rule 1.2(d)), but whether out-of-state choice-of-law or prepayment terms are unlawful is a lega…
If a lawyer's firm includes an assistant solicitor, can another lawyer in the firm bring a wrongful-death suit against the person the solicitor's office is prosecuting for the same death?
The committee concluded the lawyer is disqualified: an assistant solicitor cannot personally handle a civil case arising from a crime his office is prosecuting (risk of access to confidential files an…
Can a lawyer who sued an employer for one client later represent the employer's manager against that same employer?
The committee concluded that representing the manager against the employer does not violate Rule 1.7(a) or (b), because the prior client's case was settled and dismissed (so the representations are no…
Can a retired judge represent a party in a dispute the judge earlier ruled on while on the bench?
The committee concluded the retired judge may not represent the former client against the opposing party unless all parties to the proceeding consent after disclosure, because Rule 1.12 bars a lawyer …
Can a lawyer appear before a probate judge who employs the lawyer's spouse as a staff attorney?
The committee concluded a lawyer is not disqualified from appearing before a judge simply because the judge employs the lawyer's spouse as a staff attorney; the Rules do not disqualify the lawyer, and…
Does defense counsel need the insured's informed consent before sending legal bills to the insurer's outside billing auditor?
The committee concluded that submitting legal bills to an outside auditing service requires the insured's informed consent regardless of whether the firm deems the information privileged or confidenti…
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 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 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 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 …
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…
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 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 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…
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 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 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 …
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 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 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 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 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 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…
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 who owns a mortgage brokerage also serve as the closing attorney for borrowers the brokerage brings in?
The committee concluded Rule 7.3 bars a lawyer from forming business relationships through a mortgage brokerage and then soliciting those customers for legal work; a borrower who seeks counsel without…
Can a South Carolina lawyer represent a homeowners association when the lawyer's spouse has a contract to manage that association?
The committee concluded the representation appears proper where no actual conflict yet exists, the lawyer can reasonably believe the representation will not be adversely affected by the marital relati…
Does hiring a lawyer from an opposing firm disqualify either firm when that lawyer never worked on or learned anything about the disputed cases?
The committee concluded Rule 1.9(b) disqualifies a migrating lawyer only when the lawyer has actual knowledge of confidential information; where the lawyer acquired no information about the matter at …
Is there a conflict when one spouse represents the plaintiff and the other spouse is appointed guardian for an incompetent person in the same matter?
The committee concluded a conflict exists under Rules 1.7(b) and 1.8(i) when the plaintiff's lawyer's spouse is appointed to protect a minor or incompetent in the same matter; the plaintiff might cons…
Can a South Carolina lawyer list a former judicial clerkship on a firm announcement, and practice solo in one city while in a partnership in another?
The committee concluded a former law clerk may list that clerkship on a firm announcement so long as it is not false or misleading under Rule 7.1, and a lawyer may practice as a sole practitioner in o…
Can a chief public defender also serve as counsel to a school district, and represent juveniles facing both school discipline and Family Court?
The committee concluded there is no per se bar to serving as both chief public defender and school district counsel, with conflicts handled case by case; but when the public defender is disqualified, …
Can a former prosecutor now in private practice represent crime victims in civil suits against defendants he was prosecuting in office?
The committee concluded that under Rule 1.11 the former solicitor may not represent a private client in connection with a matter in which he participated personally and substantially as a prosecutor u…
Can a South Carolina lawyer who is also a licensed real estate broker collect both a commission and a legal fee in the same transaction?
The committee concluded a lawyer probably may not act as broker for one party and lawyer for the other, but may serve the same party as both broker and lawyer, and take both a commission and a legal f…
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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.