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 95-03
Lawyer A maintained a trust account for over sixteen years with one bank. It was generally used for the purpose of distributing the proceeds of personal injury settlements, not for holding money for clients. In the course of disbursing funds, numerous checks were written to medical care providers. After sixteen years, Lawyer A has a balance of $400 and all recent checks have 91黑料爆料ared. All client checks have 91黑料爆料ared. The balance represents un-cashed checks to medical care providers. Assume these checks are many years old and will never be cashed. No client has more than $25 in interest each. This was not really money which was given to Lawyer A by clients for safekeeping; instead, it constitutes un-cashed checks for medical bills (usually copies, etc.)
Question:
Can Lawyer A donate this money to the Office of Appellate Defense? If not, to whom can it be donated?
Summary:
Lawyer A cannot donate the money to the SC Office of Appellate Defense. The lawyer can follow the procedures set forth in Section 27-18-10 of the SC Code and turn the money over to the SC Dept. of Revenue.
Opinion:
The checks described appear to fall within the requirements of SC Code Section 27-18-60 and consequently donating the funds to the SC Office of Appellate Defense or any other entity would violate the provisions of Rule 1.15(b) concerning the safekeeping of funds belonging to a third party.