FREE SC Bar Professional Responsibility Questions and Answers
Under the South Carolina Rules of Professional Conduct, which of the following is a duty an attorney owes to a client?
One of the fundamental duties of an attorney is to maintain client confidentiality. Under the South Carolina Rules of Professional Conduct, an attorney must not disclose information relating to the representation of a client unless the client gives informed consent or the disclosure is impliedly authorized to carry out the representation.
What is the primary purpose of the "conflict of interest" rule in legal practice?
The conflict of interest rule aims to prevent an attorney from representing clients whose interests conflict directly. This is to ensure that the attorney's representation is impartial and that they can provide effective and undivided loyalty to each client.
What is required for an attorney in South Carolina to avoid a conflict of interest when representing multiple clients?
To avoid a conflict of interest when representing multiple clients, an attorney must obtain informed consent from all affected clients. This means fully disclosing the nature of the conflict and obtaining consent from each client to proceed with the representation.
In South Carolina, if an attorney learns that a client has committed a crime but intends to continue with the crime, what should the attorney generally do?
While attorneys must maintain client confidentiality, they also have a duty to the legal system. If a client plans to commit a crime or continue with one, an attorney should generally withdraw from representation and may have a duty to inform law enforcement if the crime involves serious harm or is ongoing.
What action must a South Carolina attorney take if they are convicted of a serious crime?
Attorneys in South Carolina are required to report any serious criminal convictions to the South Carolina Supreme Court or the appropriate disciplinary authority. This requirement helps ensure that attorneys maintain professional and ethical standards, and it allows for appropriate disciplinary action to be taken if necessary.