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.
No South Carolina Bar opinions match these filters
Try a different search term or clear the filters.
Can a South Carolina lawyer supervise a HELOC closing (recordation and disbursement) without performing a title search when the lender's product requires no title work?
Yes. Because the lender's HELOC product includes no title search or title insurance, there is no title-examination step to constitute the practice of law, so the lawyer may supervise the closing, reco…
Can a South Carolina lawyer have an out-of-state-only associate work on South Carolina cases without assisting the unauthorized practice of law?
Yes, within limits. An out-of-state associate may do temporary, non-court work on South Carolina matters if the SC lawyer actively participates and supervises, and may appear in court only via pro hac…
In a residential real estate closing, may a closing-only lawyer rely on a non-lawyer coordinator's word that recordation and disbursement were properly handled, and can the lawyer limit the scope to avoid responsibility for the other steps?
A lawyer may not rely solely on a non-lawyer's representations that the practice-of-law steps of a closing were performed correctly, and may not accept blanket assurances. A lawyer may rely to some ex…
Can a lawyer who represents only the seller conduct a mail-away residential closing in South Carolina when the buyer is unrepresented, and does a buyer's mortgage loan change the analysis?
Nothing in the Rules flatly prohibits a seller-only mail-away closing if the Opinion 05-16 conditions and the Rule 4.3 disclosures to the unrepresented buyer are met, but who the closing attorney repr…
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 South Carolina lawyer handle only the closing-table portion of a real estate closing for another firm, leaving the pre- and post-closing work to that firm?
The opinion concludes a lawyer may limit representation to part of a closing if the limitation is reasonable and the client gives informed consent under Rule 1.2(c), but the arrangement carries elevat…
Can a South Carolina lawyer conduct a real estate closing by mail without the client physically present?
Yes. The opinion concludes a lawyer may conduct a closing by mail if the attorney provides competent representation, keeps every aspect of the closing under attorney supervision, and gives the client …
Can a South Carolina lawyer team with an out-of-state law firm to jointly market entity-formation services where the SC lawyer provides all legal advice?
Yes, if the advertising rules are followed. The South Carolina lawyer must provide all legal advice and supervise the out-of-state firm's fact-gathering. The arrangement is not a referral service beca…
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…
Can a South Carolina lawyer who represents the lender close a real estate transaction using documents prepared by another South Carolina attorney?
Yes. The Rules of Professional Conduct do not prohibit it, but the opinion cautions the lawyer to watch for Rule 1.7 conflicts where the lawyer has a business relationship with the lender, and to ensu…
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 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 paralegal alone interview clients for Health Care Powers of Attorney and Living Wills and help them execute those documents?
Partly. Declining the unauthorized-practice question (reserved to the SC Supreme Court), the committee concluded that under Rule 5.3 a paralegal may, under the supervising lawyer's direction, intervie…
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…
Is it unethical for a lawyer to give a bank a copy of a legal description from the lawyer's file for a no-title-work mortgage?
The committee concluded that merely providing a copy of a public record to a requesting party, absent anything further, is not unethical; it declined to decide whether the bank's no-title-work 'Blind …
Can a lawyer provide a title opinion for a loan a bank closes itself, without the lawyer present at closing?
The committee declined to decide whether the bank's conduct is the unauthorized practice of law (a question of law for the courts), but concluded that under Rule 5.5(b) it would be unethical for an at…
Can a lawyer oversee a public adjuster who is engaged in the unauthorized practice of law?
Assuming the public adjuster is engaged in the unauthorized practice of law, the committee concluded the lawyer may not oversee the adjuster's activities, because Rule 5.5(b) bars assisting a nonlawye…
Must a South Carolina lawyer physically conduct the closing of South Carolina real estate inside the state, or can the lawyer close at an out-of-state office?
The committee concluded there is no ethical rule requiring a South Carolina lawyer to perform the closing of South Carolina real property within the state's boundaries, provided all legal requirements…
Can a South Carolina lawyer take a $125 fee from a mortgage company just to witness the borrowers' signing of loan documents when the company handles the rest of the closing?
The committee concluded the lawyer's limited role is a potential violation of Rule 5.5(b) if the mortgage company's handling of the closing constitutes the unauthorized practice of law, a question onl…
Can a South Carolina lawyer hire an independent or freelance paralegal service and bill clients for its work?
The committee concluded a lawyer may employ an independent paralegal assistance service, including independent contractors, as long as the lawyer adequately supervises the work and remains responsible…
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 …
Can a lawyer participate in a non-law business that buys and assumes physicians' workers'-compensation accounts receivable?
The committee concluded that whether the business itself is proper is a question of substantive law it does not address, and that participation that does not involve the practice of law is not governe…
Can a South Carolina lawyer agree to review documents for an out-of-state lawyer who runs estate-planning seminars and drafts for SC residents?
The committee concluded the out-of-state lawyer's work for South Carolina residents would be the unauthorized practice of law, that the South Carolina lawyer was barred by Rule 5.5 from assisting it, …
Can a law firm co-own with an accounting firm an ancillary business that serves retirement plans and refers legal work back to the firm?
The committee concluded a firm may co-own and refer clients to an ancillary business providing nonlegal services if it complies with Rules 1.7 and 1.8, but not if the business engages in the unauthori…
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 employ a convicted felon to serve process or do investigative work, and what duties apply?
The committee concluded that employing a non-attorney convicted felon for administrative work such as service of process violates no South Carolina Rule, but the lawyer must supervise the assistant un…
Can a South Carolina firm hire a lawyer who was disbarred in another state to do legal research and paralegal work?
The committee concluded the answer is no: under South Carolina Appellate Court Rule 413, paragraph 42, a disbarred, suspended, or resigned attorney may not be employed by a South Carolina lawyer as a …
Can a lawyer take part in a living-trust program where a non-lawyer company gathers client information and drafts the documents, leaving the lawyer to review and execute?
The committee concluded the arrangement is improper: if the local attorney represents the trust customer, having no contact until execution and merely checking documents drafted by others violates Rul…
Can a lawyer work with a counterfeit-investigation company that locates infringers, recommends the lawyer, and takes a share of the recovery?
The committee concluded the arrangement is fraught with the potential for ethical violations but could be carried out without violating the Rules if the lawyer keeps the client informed, gets consent …
Can a law firm act as a title insurance agency under its own firm name, or must it form a separate entity?
The committee concluded the Rules do not require a law firm to set up a separate entity to act as a title insurance agency, so long as its method of operation does not otherwise violate the Rules; if …
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…
Can a lawyer help run a membership organization of lawyers and other professionals that offers subscribers legal consultations and referrals?
The committee concluded that a lawyer may not form a partnership with non-lawyers if any of its activities consist of the practice of law (Rule 5.4(b)), may not assist non-lawyers in the unauthorized …
Can a lawyer take a matter from an out-of-state collection agency on terms that forbid the lawyer from contacting or billing the actual client?
The committee concluded that if the agency is engaged in the unauthorized practice of law the lawyer is barred by Rule 5.5 from assisting it, and that even if it is not, the lawyer could not accept th…
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 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…
Can a lawyer co-own a consulting corporation with nonlawyers that offers legal advice and representation to the company's clients for a fee?
The committee concluded that a lawyer could not participate in a consulting corporation co-owned with nonlawyers that provides legal services to clients for a fee: it would have the corporation practi…
Browse South Carolina Bar opinions by topic
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.