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 law firm hand out boxes of donuts, branded koozies, and discount coupons to the banks and real estate agents that refer it clients?
Yes. Giving gifts and marketing materials to referral sources is permitted as long as the gifts are delivered regardless of whether or how many clients the source referred, so there is no quid pro quo…
May a lawyer offer free basic powers of attorney to the public in exchange for the client donating at least $25 to a charity or religious organization?
Yes. The program does not violate the rules as long as the lawyer does not let the charity influence his independent judgment. The donations are not legal fees, are not an improper referral fee under …
Does a South Carolina lawyer have to follow Rule 7.3's targeted-solicitation rules when mailing letters offering legal services to everyone in a retirement community or zip code?
No. Letters advertising a lawyer's general availability sent to everyone in a geographic area, such as a retirement community or zip code, are not Rule 7.3(d) solicitations of people known to need leg…
Can a South Carolina lawyer hand out fee-discount coupons to homebuyers through real estate agents and mortgage loan originators?
The committee concluded no: having a real estate agent or loan originator personally deliver the lawyer's fee-discount coupons to homebuyers known to need closing services was in-person solicitation b…
If a lawyer referral service gives a lawyer a prospective client's contact information but the client never calls, may the lawyer reach out to see if they still need help?
The committee concluded that, absent the client's consent, Rule 7.3(a) bars the lawyer from making in-person or live telephone contact to solicit a prospective client who only received the lawyer's na…
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 lawyer join a free online service that matches consumers with attorneys and emails the lawyer about cases?
On a limited review, the committee concluded that participation in the free online attorney-matching service appeared ethically permissible because the consumer (not the lawyer) initiates the contact,…
Can a lawyer hold a free public seminar on a legal topic, with a Q&A session and individual consultations afterward?
The committee concluded that an attorney generally may conduct a free public seminar on a legal topic and provide general legal information to the public, subject to Rule 7.1 (no false or misleading c…
What must lawyers do when a client builds a litigation web page, without their knowledge, that names them and solicits other victims to come forward?
The committee concluded the lawyers must review the page and counsel the client about it; because using the page is a 'means' of the litigation, the decision is the lawyers' to make under Rule 1.2(a),…
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 send direct-mail solicitations to companies and seminar attendees not known to need legal services, and which Rule 7.3 notice and filing requirements apply?
The committee concluded the lawyer may send direct-mail solicitations and brochures to companies and seminar attendees not known to need legal services; only solicitations to prospective clients known…
Can a South Carolina lawyer give new residents a discount coupon for legal fees through a Welcome Wagon packet and follow up by letter if they do not respond?
The committee concluded a lawyer may offer a discount coupon for legal services so long as it is not false or misleading, but a follow-up letter to a non-responding recipient has the potential to viol…
If a South Carolina lawyer sends a solicitation letter with a marketing videotape, must the required advertising disclaimers appear on both?
The committee concluded the Rule 7.3(c) requirements apply to both the letter and the videotape in a single marketing package, so the advertising-material label and the other required notices and disc…
Can a South Carolina lawyer pay a bail bondsman a fee to keep the lawyer's business cards or brochures in the bondsman's office?
The committee concluded a lawyer may not pay a bail bondsman a fee to place the lawyer's cards or brochures in the bondsman's office, because Rule 7.2(c) bars giving anything of value for recommending…
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…
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 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…
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 telephone people the bar referral service listed who never called the lawyer back?
The committee concluded it would be improper for the lawyer to phone referral-service recipients who never called the office, because no professional relationship existed and Rule 7.3 bars unsolicited…
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 a lawyer participate in a prepaid or group legal-services plan where a service organization refers clients and handles the fee?
The committee concluded an employer-paid plan where the employee initiates contact and the organization only refers (situation A) is permissible, but a plan where the organization gathers client infor…
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 use a CPA to collect tips from the public about an adverse government agency while promising the responders confidentiality?
The committee concluded that whether the promised confidentiality creates an evidentiary privilege is a substantive-law question it could not answer, but it flagged an ethical concern: the lawyer must…
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 …
When a new client describes possible misconduct by their prior lawyer, must the lawyer report it, and will the committee judge the prior lawyer's past conduct?
The committee declined to evaluate the other lawyer's past conduct, explaining it opines only on prospective conduct, and concluded that if the inquiring lawyer believes the other lawyer committed a v…
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…
May a county attorney recruit a taxpayer plaintiff, including through the news media, to bring a declaratory-judgment test case?
The committee concluded the county attorney could seek a taxpayer plaintiff if he followed safeguards: Rule 1.8(e) and (j) are not violated absent financial assistance or a proprietary interest, commo…
Can lawyers own a corporation that processes insurers' Second Injury Fund claims, as long as it only does paperwork and refers any litigation out?
The committee concluded that lawyers may own and operate such a corporation if its activities are purely ministerial (preparing claim forms); giving legal advice, negotiating, or appearing at hearings…
Can a lawyer run an estate-planning arrangement with an insurance agency where the agent sends customer data, the lawyer writes a memo, and the agent sometimes pays?
The committee concluded the arrangement raises several issues the lawyer must manage: an unsolicited memo may be a solicitation under Rules 7.1 and 7.3, the customer may become a client triggering a R…
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.