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 law firm have clients pre-authorize charges to their credit cards for legal fees?
The committee concluded a credit card pre-authorization policy is not prohibited by the Rules, subject to Rule 1.5(b)'s requirement to communicate the basis or rate of the fee and Rule 1.5(a)'s requir…
How does a South Carolina lawyer withdraw when the client stops responding, and can the lawyer recover fees with no signed contingency contract?
The committee concluded the lawyer could withdraw under Rule 1.16 by sending the client written notice with a reasonable deadline; with no signed contingency agreement (required in writing by Rule 1.5…
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 list non-legal credentials like 'Master Mariner' or 'First Class Pilot' on the law firm letterhead?
The committee concluded the proposed letterhead may violate Rules 7.4(b) and 7.5 by improperly implying the lawyer is an expert, specialist, or authority in admiralty law without certification, and ma…
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…
Can a South Carolina law firm advertise the year it was 'established' based on when its founding partner began practicing law?
The committee concluded a firm may state it was established when its founding partner began practicing, as long as the founding partner's name appears in the firm name and the practice has been a cont…
Must a South Carolina lawyer file every mass solicitation letter with the Board, or only those sent to people known to need legal services?
The committee concluded that although Rule 7.3(d) is ambiguous, the reasonable reading is that the filing requirement applies only to written solicitations subject to Rule 7.3(c), meaning those target…
Can a South Carolina lawyer run a separate non-legal business under the law firm's name and deposit its income in the firm operating account?
The committee concluded the Rules do not bar depositing the side business's commissions in the firm's general operating account (but not the trust account), so long as the lawyer carefully accounts to…
When a client disputes a medical lien on settlement proceeds, can the lawyer set a deadline for the lienholder to act and then pay the client?
The committee concluded a lawyer holding settlement proceeds subject to a valid assignment or lien may not impair the third party's rights by imposing a time limit on enforcement, and may not disburse…
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 …
Can a South Carolina law firm run an advertisement seeking a named representative for a class action before any suit is filed?
The committee concluded a general media advertisement seeking a class representative is governed by Rules 7.1 and 7.2, not the targeted-solicitation rule 7.3, and need not be labeled as a solicitation…
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…
How long must a lawyer keep a former client's property that is potential evidence, and how may the lawyer dispose of it if the client never retrieves it?
The committee concluded there is no fixed time; under Rule 1.15(a) the lawyer must safeguard a former client's non-fund property as a fiduciary until diligent return efforts and final notice have been…
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…
Must a South Carolina lawyer report another lawyer's misconduct learned only secondhand from a friend or former client?
The committee concluded the lawyer has no duty to report under Rule 8.3 because the duty requires actual knowledge, not hearsay, and because the information may be protected by Rule 1.6 if the friend …
Must a South Carolina lawyer who finds tax liens against another lawyer during a title search report it to the grievance board?
The committee concluded Rule 8.3(a) does not require reporting, because tax liens discovered in a routine title search do not, without independent knowledge of their basis, raise a substantial questio…
Can a South Carolina lawyer direct or staff a membership association's legal services plan and pay to be listed in its lawyer directory?
The committee concluded a lawyer may be employed as director or as a screening telephone operator for the association's legal services division under Rule 1.13, may pay an annual fee to be listed in i…
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 municipal attorney who advised staff on a zoning decision also advise the zoning board hearing the appeal of that decision?
The committee concluded no Rule prohibits a municipal attorney from advising the municipality at different stages of one zoning matter, because under Rule 1.13 the client is the municipality; other la…
Must a lawyer report opposing counsel's improper contact with the client's employees, including an alleged misidentification, under Rule 8.3?
The committee concluded a lawyer must report another lawyer's violation if it raises a substantial question of honesty, trustworthiness, or fitness, regardless of whether the violator knew it was impr…
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…
What can a South Carolina lawyer do with stale, never-cashed trust-account checks owed to medical providers?
The committee concluded the lawyer may not donate the leftover trust funds to the Office of Appellate Defense or any other entity, because the uncashed checks belong to third parties under Rule 1.15(b…
Can a lawyer keep representing both a husband and wife in their injury suit after the couple decides to divorce?
The committee concluded the Rules do not preclude continued dual representation of both spouses if the lawyer reasonably believes the conflict risk is minimal and the Rule 1.7(b) disclosure-and-consen…
Can a lawyer bill a client at an hourly rate for a secretary or file clerk's time just because the staffer earned a weekend paralegal certificate?
The committee concluded a lawyer may bill an agreed hourly rate for support-staff time if the client agrees in advance and the fee is not illegal, unconscionable, or misrepresentative; the lawyer must…
Can a former government lawyer put the state seal or the scales of justice on a private-practice business card?
The committee concluded that using the scales of justice on a card is appropriate because it accurately signals a legal professional, but using the state seal would be misleading under Rule 7.1 by sug…
Can a lawyer withdraw from a personal-injury client who appears mentally incapacitated, unresponsive, and possibly arrested out of state?
The committee concluded the lawyer is not required to withdraw and, although Rule 1.16(b) would normally permit withdrawal, here it would materially harm the apparently incapacitated client; the lawye…
Can a lawyer join a barter exchange that takes a 10% commission when the lawyer spends the credits earned from legal fees?
The committee concluded the arrangement clearly violates Rule 5.4's bar on sharing legal fees with a non-lawyer and Rule 7.2(c)'s bar on paying a non-lawyer a commission for channeling work, because t…
Can a state agency staff lawyer also sit as a hearing officer on the panel that reviews protest matters involving his own agency?
The committee concluded a staff lawyer may not serve as a panel hearing officer while continuing to represent the agency, because the duty of impartiality conflicts unwaivably with zealous advocacy un…
Can a law firm whose lawyers volunteer to prosecute in a solicitor's office also defend clients being prosecuted by that same office?
The committee concluded the firm may not, even where no firm member would prosecute that client, even with screening, and even with both the solicitor's and client's consent, because the firm's ongoin…
Can a lawyer take court-appointed indigent criminal defense in one circuit when a firm member is a part-time solicitor in a different circuit?
The committee concluded it is not a violation for a firm's lawyers to be court-appointed to defend indigent criminal defendants in a different circuit from where a firm member serves as a part-time so…
What must a lawyer do when subpoenaed to testify about a client's whereabouts in family court?
The committee concluded the lawyer should not voluntarily reveal the client's address, which is information relating to the representation under Rule 1.6, and must invoke the attorney-client privilege…
Can a lawyer who contracts to represent one state agency sue a different, unrelated state agency on behalf of a town?
The committee concluded the lawyer is not prohibited from representing the town against the Department of Corrections, because that agency and the Social Services agency the lawyer contracts with are …
Can a lawyer set up an online law office to give legal information and advice nationwide, and what limits apply?
The committee concluded that offering general legal information online is permitted, but running an electronic law office raises advertising, multijurisdictional-practice, conflicts, and confidentiali…
Does a lawyer's mailed brochure that contains only information allowed by the advertising rule still have to follow the direct-solicitation rule?
The committee concluded that Rule 7.2 does not stand apart from Rule 7.3, so a mailed brochure must comply with Rule 7.3(b), and the Rule 7.3(c) notices are required only when it is sent to a recipien…
Can a plaintiff's lawyer interview a corporate defendant's current or former employees, before or after suit, without the corporation's counsel present?
The committee concluded that Rule 4.2 bars contact with current employees who can bind the corporation, and with former employees whose conduct is the subject of the matter or imputable to the corpora…
Can a discharged legal-services lawyer reveal confidential client information to defend against substandard-performance claims in a termination appeal?
The committee concluded that under Rule 1.6(b)(2) the lawyer may reveal confidential information as necessary to respond to the performance allegations in his appeal before the agency board, limited t…
Can a lawyer reveal confidential client communications to defend himself in a Social Security Administration investigation of his own conduct?
The committee concluded that under Rule 1.6(b)(2) the lawyer may reveal confidential information as necessary to respond to allegations about his representation in the SSA proceeding, limited to what …
When a successor lawyer settles a workers' comp case, what does she owe the discharged prior lawyer who had a contingency agreement and a fee claim?
The committee concluded the successor must hold the settlement funds, notify the prior lawyer, and deliver what he is owed under Rule 1.15 if he has a lien or fee interest, and must disclose the prior…
If a client signed a doctor's lien but the fee contract is silent on it, can the lawyer follow the client's instruction to disregard the lien and pay the client?
The committee concluded a lawyer who knows the client made a valid assignment of litigation proceeds to a medical provider may not ignore the assignee's rights and pay the funds to the client, even if…
Is it a conflict to represent a wife in a divorce against a man the firm represented in a different divorce sixteen years earlier?
The committee declined to give a definite answer on the sparse facts, but said under Rule 1.9 the firm must not take the case without the former client's consent if the two divorces are substantially …
When a government agency lawyer learns from opposing agency counsel that a cleared employee was actually guilty, what may the agency lawyer do with that information?
The committee concluded the agency lawyer, as counsel for the organization under Rule 1.13(b), may proceed as reasonably necessary in the organization's best interest, and should also weigh whether th…
If a lawyer contracts to represent a state agency in one county, can the lawyer's firm be appointed against that agency in another county?
The committee concluded that because the statewide agency is the client, neither the contract attorney nor any member of the firm should represent a defendant or guardian ad litem in the agency's case…
Can a firm that jointly represented a couple in an adoption later represent the husband in their divorce and custody case over the wife's objection?
The committee concluded Rule 1.9 prohibits the firm from representing the husband, because the prior adoption matter is substantially related to the divorce and custody case, the spouses' interests ar…
After a lawyer withdraws from representing a conservator due to a conflict, can the lawyer's partner sue on the ward's behalf against a related party?
The committee concluded that because the withdrawing lawyer's conflict between the grandmother and the minor is imputed to his partner, the partner cannot represent the minor in the related litigation…
Can a lawyer's firm represent a wife in a divorce against a husband the firm formerly represented in a child-custody case?
The committee concluded the firm may represent the wife in a divorce-only matter if no duty of confidentiality to the husband would be violated, but representation is unlikely to be permissible withou…
Can a lawyer privately review and comment on a case a judge has under advisement when the lawyer represents no party in it?
The committee concluded the rules do not prohibit a lawyer from complying with a judge's request to review a pending matter, and the lawyer has no obligation to notify the parties' counsel because not…
Can a South Carolina lawyer use a collection agency, report a client to a credit bureau, or run a credit check to handle unpaid legal fees?
The committee concluded a lawyer may use a collection agency for past-due fees and may run a credit check if the client's status is not revealed, but should not report a non-paying client to a credit …
Can a lawyer send other lawyers a letter offering to serve as a mediator, and does the solicitation rule govern it?
The committee concluded that a letter to other lawyers offering mediation services is not a solicitation of legal employment, so Rule 7.3 does not apply, but the lawyer must still avoid false or misle…
When a firm lawyer can no longer do legal work, what must the firm do for that lawyer's clients before reassigning their matters?
The committee concluded that, even with a contract engaging the firm rather than a particular lawyer, the firm must inform the affected clients of the lawyer's condition and how their work will be han…
Can one attorney represent the buyer, seller, and lender together at a real estate closing?
The committee concluded an attorney may represent all three parties to a real estate closing if the role is purely ministerial, with no negotiation, no problem jeopardizing the closing, no party relyi…
Can a defense lawyer contact an unrepresented accident victim to offer restitution and forestall criminal charges against the client?
The committee concluded the lawyer may communicate with the victim, who is unrepresented because a state prosecutor does not represent a crime victim, subject to Rule 4.3's limits: disclosing his inte…
Can a law firm hire a sitting probate judge to practice law part-time outside of court hours?
The committee concluded a law firm may not hire a sitting probate judge as a part-time lawyer, because current law and Canon 4(F) of the Code of Judicial Conduct treat the probate judgeship as full-ti…
Can a lawyer advise a personal-injury client about, and help carry out, a company's purchase or assignment of part of the client's expected recovery?
The committee concluded that, assuming the financing is legal under South Carolina law, a lawyer may advise a client about it with candid disclosure of advantages and disadvantages under Rule 2.1, and…
Can a part-time city judge, or a member of the judge's firm, also serve as part-time city attorney if that attorney does not prosecute in city court?
The committee concluded a part-time city judge may not also serve as part-time city attorney, because the appearance of impropriety and overlapping duties bar it, and that imputed disqualification und…
Can a partner of a municipality's attorney represent both the attorney and the municipality as co-defendants in the same lawsuit?
The committee concluded that co-defendants may be represented together, but only if the lawyer reasonably believes neither client's representation will be adversely affected and both consent after con…
Can a lawyer use a former client's confidential information to fight discharge of unpaid fees in the client's bankruptcy?
The committee concluded the lawyer may use public-record information and, under Rule 1.6(b)(2), confidential information obtained during the representation to establish a claim for unpaid fees in bank…
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 pay a fact witness more than the statutory subpoena fee to cover lost wages, and what limits apply?
The committee did not decide when extra witness payments are allowed by law, but concluded that to the extent such compensation is legally permissible there is no ethical bar, and the lawyer may advan…
Can a South Carolina lawyer associate with an out-of-state lawyer to handle estate planning for South Carolina residents?
The committee concluded the two may serve as co-counsel so long as the South Carolina lawyer stays jointly responsible for the representation, did not learn the clients were improperly solicited, and …
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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.