The 91黑料爆料 Ethics Advisory Committee provides the full text of all ethics opinions since 1990 online. To find the opinion you need, simply use the search form below.
The opinions in this database contain the advice of the Committee based on the state of the law at the time of each opinion. Opinions are not updated to reflect changes in the , more recent opinions, or other law. Further research may be necessary. Earlier opinions are available through vLex Fastcase.
Frequently Asked Questions are also available.
Ethics Advisory Opinion 03-09
The receipt of the “brokerage fees” under proposed plan does not constitute unethical fee sharing per se but nonetheless raises disclosure issues and reasonable fee issues that need to be addressed.
Ethics Advisory Opinion 03-07
Rule 5.4 is not violated by the foregoing proposed agreement. The foregoing agreement is ethical provided there is proper supervision of title matters by the law firm, no excessive compensation to the law firm in violation of Rule 1.5, and appropriate disclosure to both the local real estate company and the client-customers under Rules 1.4, 1.7, 1.8(f) and 2.2.
Ethics Advisory Opinion 03-06
A suspended or disbarred attorney may not sell his or her practice.
Ethics Advisory Opinion 03-05
A client has a right to discharge a lawyer at any time, with or without cause, subject to liability for payment for the lawyer’s services.
Ethics Advisory Opinion 03-04
The practice of law under the trade name “Capitol Counsel, L.L.C.” does not violate the South Carolina Rules of Professional Conduct.
Ethics Advisory Opinion 03-03
Under Rule 7.3(a), absent consent, it would be impermissible for an attorney to make in-person or live telephone contact with Prospective Client to solicit professional employment as a follow-up to Prospective Client’s contact with the LRS.
Ethics Advisory Opinion 03-02
Attorney is an active duty Army JAG attorney, currently serving as a senior prosecuting attorney. Approximately two years ago, Attorney worked in Army Legal Services and prepared wills, living wills, and durable powers of attorney for Army Officer and his wife. In this capacity, Attorney met with Army Officer and his wife, and the couple revealed their financial information, including assets, liabilities, and insurance, as well as the names and ages of all of their children. Attorney did not know the couple before they came in for the estate planning and has had no contact with them since that time. Army Officer is now facing potential criminal charges of (1) possession of child pornography (discovered recently on his home computer), and (2) committing indecent acts on one of his children (allegedly committed 12 years ago). Attorney learned no confidential information concerning these potential charges during the prior representation. The Committee is informed that neither the Uniform Code of Military Justice nor the JAG Manual provide any guidance to the inquiring attorney.
Ethics Advisory Opinion 03-01
Under Rule 1.8(h) agreements limiting prospective malpractice liability are valid if (1) permitted by law and (2) the client is independently represented in making the agreement.
Ethics Advisory Opinion 02-19
Under Rule 7.5, as interpreted in Advisory Opinions 75-01 and 79-06, a law firm may continue to use the name of deceased or retired partners in its name if the firm is the bona fide successor of the firm in which the deceased or retired person was a member.
Ethics Advisory Opinion 02-18
Pursuant to the South Carolina Rules of Professional Conduct a firm is permitted to hire a non-lawyer lobbyist as an employee.