FAQ
Frequently Asked Questions
Frequently Asked Questions (FAQs) is a service of the Ethics Advisory Committee. The Committee plans to add additional questions and answers to this site regularly. If you have a question that you think arises often, please e-mail jrothstein@scbar.org.
FAQ #2: What are a lawyer's ethical obligations when the lawyer receives notice of a lien or assignment of client funds to a third party? (adopted May 23, 2003)
FAQ #3: How do the restrictions on the unauthorized practice of law apply to South Carolina lawyers who are involved in real estate transactions? (adopted April 23, 2004)
FAQ #4: How do I conduct real estate closings now that I have to wait for the funds to clear? (adopted January 20, 2006)
FAQ #5: I am an attorney who lawfully practices in multiple jurisdictions, including South Carolina; however, I keep my trust account in the state where I primarily practice. Do I have to open a trust account in South Carolina in order to comply with the new IOLTA rules? (adopted February 17, 2006)
FAQ #6: Under Rule 1.15(h), as revised October 1, 2005, a lawyer who maintains a trust account must give the financial institution a written directive requiring the financial institution to report overdrafts on the trust account to the Commission on Lawyer Conduct. Has the Supreme Court issued a form to be used to comply with this requirement? (adopted February 17, 2006)
FAQ #9: What steps should a lawyer take when a client cannot be found? (adopted September 22, 2006)
FAQ #10: May a lawyer who is leaving the practice of law transfer closed files to another lawyer without the consent of each client? (adopted March 20, 2008)