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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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 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 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 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.
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 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…
May a lawyer who is a partner in one law firm also become a partner or 'of counsel' at a second firm while keeping the first partnership?
Yes, with caveats. A lawyer may practice in or be 'of counsel' to a second firm, but the two firms are treated as a single firm for conflict-of-interest and imputed-disqualification purposes, the lawy…
Can a lawyer use one professional name and a different married name in private life, and can her firm keep her former name in the firm name after she changes it?
Yes to both. A lawyer may use different professional and private names. A continuing firm may keep a member's former name as a trade name even after she changes her last name, so long as it is not mis…
Can a South Carolina lawyer hire an associate licensed only in another state to handle Social Security cases, and what must the letterhead disclose?
Hiring the out-of-state associate is not aiding the unauthorized practice of law, because handling only Social Security Administration matters falls within a Rule 5.5(d)(2) exception. But under Rules …
Can a solo lawyer who only does lobbying name his firm 'John Doe and Associates' and list nonlawyer employees on the letterhead?
No to the name: with only one lawyer, 'and Associates' is misleading and violates Rules 7.5(a) and 7.1. The letterhead is acceptable if 'and Associates' is deleted and the nonlawyer employees are clea…
Can a lawyer who also owns a title insurance agency advertise that affiliation on the law firm's website, letterhead, and business cards?
Yes, if the advertising complies with Rules 7.1 and 7.5. The current rules no longer bar listing an ancillary business, but the lawyer must observe the conflict rules (1.7 and 1.8) when the law practi…
Can a multi-state firm's South Carolina office display business cards of firm lawyers not licensed in South Carolina that show the South Carolina address?
No, not without a disclaimer. The South Carolina office may not display the cards of its non-South Carolina lawyers showing the South Carolina address unless the cards state the lawyer is not admitted…
Can a law firm use a descriptive website address that names its field of practice, like bankruptcylawyer.com?
Yes, as long as the address is not false or misleading. A descriptive URL controlled by South Carolina lawyers is permissible if it complies with the trade-name and advertising rules (7.5, 7.1, 7.4) a…
Can a lawyer who is not a certified specialist use a trade name that names a practice area, like 'Midlands Bankruptcy Counselors, LLC'?
The committee concluded a lawyer may include a practice area in a firm trade name even without specialist certification, as long as the firm actually concentrates in that area; naming a practice area …
Can a lawyer practice under the trade name 'Capitol Counsel, L.L.C.' without implying a connection to a government agency?
The committee concluded the trade name 'Capitol Counsel, L.L.C.' does not violate Rule 7.5, because 'capitol' refers to a legislative building rather than any state agency and is unlikely to imply a c…
When a law firm winds down and its members start a new firm with a nearly identical name (keeping a deceased partner's name), can both firms use that name at once, and how are fees split?
The committee concluded a successor firm may keep a deceased or retired partner's name under Rule 7.5 only if it is a bona fide continuation and the public is not misled; running two firms with confus…
Can a South Carolina law firm hire a nonlawyer lobbyist as an employee, list the lobbyist on its letterhead, and pay the lobbyist a share of the lobbying profits?
The committee concluded the firm may hire a nonlawyer lobbyist on the facts presented: the lobbyist is not engaged in unauthorized practice if confined to lobbying (Rule 5.5(b)), has no control over l…
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 newspaper fund and house a for-profit legal clinic named after the community without owning it?
The committee concluded the clinic may use the community's name if accompanied by a disclaimer that it is not a public legal aid office, and that the newspaper's role as lender and landlord does not v…
How should a firm list a retiring partner who forms his own PA but stays in the building as Of Counsel?
The committee concluded the firm's letterhead should indicate that the retiring lawyer is 'Of Counsel' to the firm and that he practices through his own professional association, and that the firm's a…
Can a law firm publish a newspaper announcement that a nonlawyer lobbyist has joined the firm as 'Executive Director of Government Affairs'?
The committee concluded the announcement is permissible if it complies with Rule 7.2 (especially Rule 7.2(d)): describing the nonlawyer's role as an administrative position is not materially misleadin…
Can a South Carolina lawyer who is a certified mediator list that certification on the lawyer's letterhead and business cards?
The committee concluded a lawyer who is a certified mediator may state that designation on letterhead and business cards, because the designation is truthful and does not falsely imply specialization …
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 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 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…
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…
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…
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 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 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 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 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 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 …
Can an in-house lawyer for a company send debt-collection letters on letterhead implying he is outside counsel, and what fee is reasonable?
The committee concluded that using letterhead implying the in-house attorney is independent outside counsel violates Rules 7.1 and 7.5; the collection-department employees' activities may violate Rule…
How should a law school graduate who is awaiting bar exam results sign correspondence for a law firm without misleading anyone?
The committee concluded that a law graduate awaiting bar results may sign firm correspondence on matters for which a supervising lawyer takes responsibility, but must make his nonlawyer status clear, …
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 …
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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.