South Carolina Lawyer 8 (January 2013)
Originally published as Ethics Watch: The Year in Review (2012), South Carolina Lawyer 8 (January 2013)
Author reviews the most important developments in technology and ethics around the country in 2012: (i) Advertising – legal information websites; (ii) Advertising – misrepresentation on websites; (iii) Attorney-client relationship – formation and obligations without signed engagement agreement; (iv) Civil liability – aiding and abetting breach of fiduciary duty, conversion, and conspiracy; (v) Civil liability—expert affidavit need not address causation; (vi) Civil liability – nonwaivable conflicts, limited engagements, relationship between malpractice and breach of fiduciary duty, and unfair trade practice; (vii) File destruction new Supreme Court Rule; (viii) Practice with nonlawyers.
Relevant Authorities:
- In Re Dickey, 396 S.C. 500, 722 S.E.2d 522 (2-012)
- In re Carter, 2012 S.C. LEXIS 205
- Gordon v. Busbee, 397 S.C. 119, 2012 S.C. App. LEXIS 163 (2012)
- RFT Mgmt. Co., L.L.C. v. Tinsley & Adams L.L.P., 732 S.E.2d 166 (S.C. 2012)