UPON THE REQUEST OF A MEMBER OF THE SOUTH CAROLINA BAR, THE ETHICS ADVISORY COMMITTEE HAS RENDERED THIS OPINION ON THE ETHICAL PROPRIETY OF THE INQUIRER鈥橲 CONTEMPLATED CONDUCT. THIS COMMITTEE HAS NO DISCIPLINARY AUTHORITY. LAWYER DISCIPLINE IS ADMINISTERED SOLELY BY THE SOUTH CAROLINA SUPREME COURT THROUGH ITS COMMISSION ON LAWYER CONDUCT.
Ethics Advisory Opinion 92-20
Can a S.C. law firm/attorney hire a non-S.C. Bar member, who was formerly an attorney in another state and was disbarred from practice in that state, to do legal research and other paralegal work?
Opinion:
No. See SCAR 413, paragraph 42 (set forth below).
South Carolina Appellate Court Rule 413, Paragraph 42: Employment of Resigned or Disciplined Attorneys:
When an attorney has resigned for reasons related to a branch of ethical conduct (hereinafter referred to as "resigned") or has been suspended or disbarred pursuant to an order of the Court, he may not be employed by a member of the Bar of South Carolina as a paralegal, investigator or in any other capacity connected with the practice of law. Any licensed attorney who, with knowledge of a person's status as a suspended, disbarred or resigned attorney, employs such person in manner prohibited by this Rule shall be subject to discipline. Any suspended, disbarred or resigned attorney who accepts such employment shall be deemed in contempt of the Court and punished accordingly.
(Note) Former Rule on Disciplinary Procedure was redesignated South Carolina Appellate Court Rule 405 by Order of the Supreme Court on January 10, 1990, and was to become effective September 1, 1990. Subsequently, by Order of the Supreme Court of South Carolina on August 6, 1990, SCACR 405 was renumbered SCACR 413 without change.