Unless expressly provided otherwise in a written employment agreement, the creation of an attorney-client relationship between a lawyer and a person serving as a fiduciary shall not impose upon the lawyer any duties or obligations to other persons interested in the estate, trust estate, or other fiduciary property, even though fiduciary funds may be used to compensate the lawyer for legal services rendered to the fiduciary. This section is intended to be declaratory of the common law and governs relationships in existence between lawyers and persons serving as fiduciaries as well as such relationships hereafter created.
HISTORY: 1994 Act No. 449, Section 2; 2013 Act No. 100, Section 1, eff January 1, 2014.
Structure South Carolina Code of Laws
Title 62 - South Carolina Probate Code
Article 1 - General Provisions, Definitions, And Probate Jurisdiction Of Court
Section 62-1-100. Effective date.
Section 62-1-101. Short title.
Section 62-1-102. Purposes; rules of construction.
Section 62-1-103. Supplementary general principles of law applicable.
Section 62-1-104. Severability.
Section 62-1-105. Construction against implied repeal.
Section 62-1-106. Effect of fraud and evasion.
Section 62-1-107. Evidence as to death or status.
Section 62-1-108. Acts by holder of general power.
Section 62-1-109. Duties and obligations of lawyer and person serving as a fiduciary.
Section 62-1-110. Fiduciary and lawyer, privileged communication.
Section 62-1-111. Authority to award costs and expenses.
Section 62-1-112. Inherent power of court.
Section 62-1-201. General definitions.
Section 62-1-301. Territorial application.
Section 62-1-302. Subject matter jurisdiction; concurrent jurisdiction with family court.
Section 62-1-303. Venue; multiple proceedings; transfer.
Section 62-1-304. South Carolina Rules of Civil Procedure govern formal proceedings.
Section 62-1-305. Records and certified copies.
Section 62-1-306. Jury trials.
Section 62-1-307. Probate judge; powers.
Section 62-1-309. Election and term of judges.
Section 62-1-401. Notice; method and time of giving.
Section 62-1-402. Notice; waiver.
Section 62-1-403. Pleadings; when parties bound by others; notice.
Section 62-1-500. Short title.
Section 62-1-501. Definitions.
Section 62-1-503. Requirement of survival by 120 hours under governing instruments.
Section 62-1-504. Co-owners with right of survivorship; requirement of survival by 120 hours.
Section 62-1-505. Right or benefit that depends on surviving the death of a decedent's killer.