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 94-31
An attorney is appointed to represent an indigent criminal defendant. A member of his/her law firm is a part-time assistant solicitor in another circuit.
Question:
May an attorney be appointed to represent indigent defendants in a one judicial circuit when a member of his/her firm is a part-time solicitor in another circuit?
Summary:
It is not a violation for members of the law firm to be court appointed to represent indigent criminal defendants in a circuit different from the circuit of a part-time solicitor.
Opinion:
In Advisory Opinion 82-26 this committee held that a lawyer in the same law firm as a part-time solicitor could represent criminal defendants in courts other than in the county in which the solicitor is employed. Other than recognizing that solicitors now have circuit wide jurisdiction, this committee has not changed its opinion.
Additionally, we have held that absent some prohibition of law, there is no per se ethical violation against an assistant solicitor representing criminal defendants in another circuit. Advisory Opinion 91-19.
The firm attorney in this case will not be defending clients prosecuted by the part-time solicitor since the appointment is in another judicial circuit.