SC Lawyer, January 2006, #1. Money Issues Under the New Rules.

• Author: By John Freeman

South Carolina Lawyer

Ethics Columns.

SC Lawyer, January 2006, #1.

Money Issues Under the New Rules

South Carolina LawyerJanuary 2006Money Issues Under the New RulesBy John FreemanThe Supreme Court's latest amendments to the Rules of Professional Conduct took effect October 1, 2005. They're available on the Web at www.judicial.state.sc.us/courtReg/newrules/NewRules.cfm. The Rules and Comments basic content has not changed much, but some changes are significant. This month's column discusses changes affecting how lawyers deal with money-related issues.

Fee splitting approval

In re Hart, 1 S.C. 392, 605 S.E.2d 532 (2004), drove home lawyers' obligations to put their agreement in writing when fee-splitting under Rule 1.5(e). In Hart, the lawyer was publicly disciplined for not doing so (and other failings), even though no client had complained, all clients consented and the ethics error was self-reported. To Hart's get-it-in-writing message, the new amendments add the requirement that the client consent be "confirmed in writing" after the client has given "informed consent" to the arrangement, including approval of each lawyer's share.

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