March 5th, 2017
A few times every year a witness in a current family court case will ask me to represent him or her in a family court matter. Rule 1.7 of the South Carolina Rules of Professional Conduct limits that ability: RULE 1.7: CONFLICT OF INTEREST: CURRENT CLIENTS (a) Except as provided in paragraph (b), a lawyer […]
Read MoreNovember 16th, 2016
#79 on my November 14, 2011 list of “One hundred things I don’t know about South Carolina family law,” reads, “Can one issue subpoenas duces tecum without an order of discovery?” The November 16, 2016 Supreme Court disciplinary opinion in In the Matter of Margaret D. Fabri, 418 S.C. 384, 793 S.E.2d 306 (2016), answers that question in the […]
Read MoreAugust 28th, 2014
I occasionally see or hear of family court judges issuing instructions for orders but asking attorneys not to reveal their ruling to their clients until the order is signed and filed. These judges’ rationale is that, until the order is entered, they reserve the right to change their ruling. I believe such requests are inappropriate. […]
Read MoreAugust 26th, 2014
Fellow attorneys often ask me why I courtesy copy my clients on almost all emails. Evidently it is not a uniform practice. However there are three good reasons for doing so. First, it helps one comply with Rule 1.4(a), specifically Rule 1.4(a)(3), of the South Carolina Rules of Professional Conduct, which requires a lawyer to […]
Read MoreJuly 2nd, 2014
In what should put chills in my fellow family law attorneys’ spines, on July 2, 2014, a South Carolina family law attorney was publicly reprimanded by the South Carolina Supreme Court in the case of In Re. Massey, 408 S.C. 483, 759 S.E.2d 433 (2014), for submitting an inaccurate affidavit of his client at a temporary hearing. This […]
Read MoreFebruary 5th, 2013
Recently South Carolina’s Office of Disciplinary Counsel (ODC) has taken action against attorneys for their activities outside the context of actual cases if these acts are “conduct that is prejudicial to the administration of justice.” Specifically, they are trying to discipline an attorney for vile blogging. Also recently, a New York Times article discussing United […]
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