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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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 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…
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…
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 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…
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…
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…
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…
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…
Can a lawyer add a surcharge when billing a client for the work of a contract attorney hired on a case-by-case basis?
It depends on how the work is billed. If the lawyer supervises and adopts the contract attorney's work as the lawyer's own under Rules 1.1 and 5.1, the work may be billed as a legal fee, subject only …
At a magistrate's docket meeting, may a lawyer ask for a continuance on behalf of another lawyer who is absent, and may a lawyer move to dismiss cases for other lawyers who did not ask the lawyer to act?
A lawyer may appear to request a continuance for an absent lawyer who asked for the favor. A lawyer may not move to dismiss cases on behalf of other lawyers (or their non-client parties) without the l…
May a South Carolina lawyer represent a client against an opposing party whose lawyer shares office space, a receptionist, and equipment with the lawyer?
It is not a per se violation, but on these facts (shared receptionist, lobby, conference rooms, fax and copy machines, thin walls) the arrangement carries a high risk of breaching confidentiality unde…
When relatives consult a lawyer about a mentally incapacitated cousin and appear to want to transfer his property against his interests, may the lawyer report the matter to protective services, and who is the client?
The lawyer is not prohibited from reporting suspected exploitation of the incapacitated cousin to the Department of Social Services or an appropriate protective service entity. Who the client is is a …
What are a lawyer's ethical duties when the lawyer suspects or knows a client is in the country illegally, and must the lawyer ask about a client's immigration status?
The duties are the same as for any client engaged in ongoing criminal activity. Rule 1.6 protects the client's confidential information, and because illegal entry is a past act and unlawful presence i…
Can a lawyer use a trade-credit account processor to finance non-consumer clients' fees, and sell existing receivables to it, the way lawyers accept credit cards?
Yes to both, with informed client consent. The committee treated a trade-credit account processor like a credit-card arrangement (approved in Opinions 81-01 and 96-06): a lawyer may finance fees this …
Can a private-practice lawyer hire a non-lawyer who works full time for the local prosecutor's office to moonlight on the firm's immigration cases?
Yes, subject to strict screening, confidentiality, and supervision. The committee held the arrangement carries confidentiality and conflict risks under Rule 5.3 but is not prohibited if the assistant …
When a longtime client has dementia, can the firm represent his daughter in seeking to have her appointed his conservator and guardian ad litem?
The firm may take protective action for a client with diminished capacity under Rule 1.14. If the client's existing power of attorney makes the daughter his legal representative, the firm may represen…
Does a lawyer's partnership or fiduciary relationship with another lawyer reduce the duty to report that lawyer's misconduct, and does telling a prosecutor satisfy the duty?
No on both counts. The opinion concludes a professional or fiduciary relationship does not lessen the Rule 8.3 duty to report a known violation that raises a substantial question of a lawyer's honesty…
After a client dies, can the lawyer give a copy of the client's will to another lawyer checking title, and can the client's son waive confidentiality?
The lawyer may decline to provide the will and that decision is not reexaminable, but may provide a copy if the lawyer believes disclosure furthers the deceased client's intent and the client did not …
Can a lawyer run a law office and a separate non-law business the lawyer owns from the same office, sharing a receptionist and open-cubicle staff space?
Yes, a lawyer may run a law practice and a separately owned business from the same location, but the lawyer remains bound by the Rules of Professional Conduct; the opinion warns that a shared receptio…
Can a lawyer represent two divorce clients at once and use evidence learned from one client in the other's case?
Yes. The lawyer is not barred from representing both clients merely because crucial evidence came from one of them, as long as neither client objects to using the information, so there is no Rule 1.7 …
May a South Carolina lawyer report a lender client's intention to keep conducting illegal 'witness only' real estate closings, and is the lawyer required to?
The lawyer may disclose the lender's intention to conduct closings in violation of South Carolina law to the appropriate authorities under Rule 1.6(b)(1), but is not required to. Disclosure is permiss…
Does a one-hour consultation that never led to representation still create confidentiality duties that can disqualify the lawyer's firm years later?
It can. The confidentiality duty under Rule 1.6(a) may attach to a prospective client even if no representation forms. If confidences were shared, Rule 1.9(b) and Rule 1.10 can bar the lawyer's firm f…
Can a lawyer who is being suspended or disbarred sell their law practice to another attorney under Rule 1.17?
The committee concluded a lawyer who has already been suspended or disbarred may not sell the practice, because a trustee steps in and the lawyer no longer has active clients to notify under Rule 1.17…
If a lawyer learns that opposing counsel got confidential help from the lawyer's own firm and breached a prior settlement's confidentiality clause, must the lawyer tell the client and report the other lawyers?
The committee concluded the lawyer must inform her client of the breach under Rule 1.4, and must report the firm lawyer who fed opposing counsel inside information (a Rule 1.6 and 1.8(b) violation) un…
If a lawyer learns that another lawyer he refers clients to is medically impaired and can no longer competently practice, must he report it and warn the referred clients?
Yes to both, with a confidentiality limit. The committee concluded that if the impaired lawyer's medical condition causes violations of Rules 1.1 and 1.16(a)(2) that raise a substantial question of fi…
Can a lawyer work as a salaried employee of a nonprofit run entirely by nonlawyers and represent the people the nonprofit serves?
The committee concluded a lawyer may be employed by a nonlawyer-run nonprofit to represent its beneficiaries, so long as the organization sets only general case-selection policies and never directs th…
If an insurer's automated software (no human reviewer) processes a defense firm's legal bills, does the firm need the insured's consent under the confidentiality rule?
The committee concluded that consent is still required: even though an automated program with no human intervention compiles and transmits the billing data, confidential client information is revealed…
Can a corporation make its in-house lawyer sign a non-compete agreement to protect trade secrets?
The committee concluded that the described non-compete agreement, barring the in-house lawyer from working for a similar corporation for two years, would violate Rule 5.6(a)'s prohibition on agreement…
Can a lawyer break client confidentiality to stop a client who threatens suicide or harm to others?
The committee concluded a lawyer would not violate the duty of confidentiality by taking action necessary to prevent the client from committing suicide or harming others, because suicide and bodily ha…
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 scan closed client files to disk or microfilm with an imaging vendor and shred the paper originals?
Treating the question as largely one of substantive law, the committee offered informal advice that there appears to be no prohibition on placing closed files on a medium such as computer disk, microf…
After being dismissed from a suit, must a lawyer still keep a former client's confidences when other defendants want her testimony?
The committee concluded the duty of confidentiality and the attorney-client privilege continue after the relationship ends, and because neither Rule 1.6(b) exception applied (no criminal act, and the …
Can a lawyer give the IRS a former client's closing documents and checks without the client's consent?
The committee concluded the attorney may not disclose any of the documents to the IRS without the client's permission or a court order, because Rule 1.6 makes all information relating to the represent…
May a lawyer serving as a child's guardian ad litem reveal the child's confidences, and when does the guardian role turn into an attorney-client relationship?
The committee concluded that a guardian ad litem who is not also acting as the child's lawyer may reveal the child's confidences to the court as needed to carry out the guardianship or protect the chi…
When a bench warrant is out for a client who is coming in to consult, does a South Carolina lawyer have to notify the authorities of the client's anticipated whereabouts?
The committee concluded the lawyer has no affirmative duty to reveal the client's whereabouts to the tribunal absent the client's intent to commit a criminal act, because Rule 1.6 confidentiality cont…
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 …
When a South Carolina lawyer learns after trial that the client and a witness committed perjury, must the lawyer act, and may the lawyer tell the insurer or law enforcement?
The committee concluded the lawyer must inquire and, if satisfied false testimony was given, urge the client to correct it and otherwise disclose to the court under Rule 3.3 until the proceeding concl…
Can a South Carolina lawyer transmit confidential client communications by email over private, commercial, or Internet networks?
The committee concluded email carries a reasonable expectation of privacy and its use does not waive confidentiality under Rule 1.6, while noting a lawyer still owes reasonable care and may discuss op…
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 …
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 share office space and a secretary with a member of another profession?
The committee concluded that sharing offices with another profession does not by itself violate the Rules, but the lawyer must recognize that sharing offices and a secretary creates a potential for br…
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…
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 …
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 …
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…
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…
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 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…
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 …
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 …
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…
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 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 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…
When a secretary who worked on a case moves to opposing counsel's office, is the new firm disqualified, and what must the old lawyer do?
The committee concluded the opposing firm is not imputedly disqualified merely because it hired the secretary and may continue, provided it makes reasonable efforts under Rule 5.3 to keep her conduct …
Can a lawyer give a client's will and trust to the client's power-of-attorney agent without the client's permission?
The committee concluded that while the competent client was alive the lawyer could not disclose the will and trust to the power-of-attorney agent without the client's consent under Rule 1.6; if the cl…
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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.