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.
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.
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.
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.
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.
