South Carolina AI Ethics Rules for Attorneys

South Carolina has taken a traditional approach to attorney AI regulation, relying on existing Rules of Professional Conduct to govern AI use while the South Carolina Bar monitors technological developments. While no AI-specific ethics opinions have been issued, South Carolina attorneys must apply established ethical principles, competence, confidentiality, supervision, and candor, to their use of artificial intelligence tools.

South Carolina’s Regulatory Approach

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Bar Association Guidance Status

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As of 2025, the South Carolina Bar has not issued formal ethics opinions specifically addressing artificial intelligence or generative AI use by attorneys. However, the Bar’s Ethics Advisory Committee continues to monitor AI developments and may provide guidance as the technology becomes more prevalent in legal practice.

Current Status: No formal AI-specific ethics opinion

Regulatory Approach: Existing Rules of Professional Conduct apply to AI use

Key Resource: South Carolina Bar

The South Carolina Supreme Court, which has exclusive authority over attorney regulation in the state, has not issued orders specifically addressing AI in legal filings as of early 2025.

Core Ethical Obligations Under South Carolina Rules

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Confidentiality (Rule 1.6)

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South Carolina Rule of Professional Conduct 1.6 prohibits revealing information relating to representation of a client unless the client gives informed consent or disclosure is impliedly authorized. When using AI tools:

Required Precautions:

• Evaluate platform security before inputting any client information
• Review Terms of Service to understand data handling and retention
• Verify no third-party sharing of confidential information
• Consider AI training practices, platforms that train on inputs may create disclosure risks
• Implement reasonable safeguards for electronic data transmission

Scope of Protection:

• Rule 1.6 protects all information relating to representation
• Protection applies regardless of source or whether client requested confidentiality
• Information gained before, during, or related to representation is covered
• Even publicly available information learned through representation may be protected

Competence (Rule 1.1)

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South Carolina Rule 1.1 requires attorneys to provide competent representation, including the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

Competence in AI Context:

• Understanding AI capabilities and inherent limitations
• Recognizing that generative AI can produce false information (hallucinations)
• Knowing when AI assistance is appropriate and when it’s not
• Maintaining ability to perform legal work without AI reliance

Verification Requirements:

• All AI-generated citations must be independently verified
• Case holdings must be confirmed against original sources
• Quoted language must be checked for accuracy
• South Carolina-specific law must be validated as current

Comment [8] Considerations: While South Carolina’s Rule 1.1 comments address competence requirements, attorneys should consider that competence increasingly includes understanding relevant technology. The ABA Model Rules Comment [8] explicitly includes technology competence, and South Carolina attorneys should apply similar principles.

Diligence (Rule 1.3)

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South Carolina Rule 1.3 requires attorneys to act with reasonable diligence and promptness. AI implications include:

Diligence Requirements:

• AI use must not delay client matters
• Technology failures don’t excuse diligence failures
• AI efficiency should benefit client interests
• Over-reliance on AI that causes errors violates diligence

Communication (Rule 1.4)

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South Carolina Rule 1.4 requires keeping clients reasonably informed about their matters. AI use may trigger communication obligations:

When Communication Is Required:

• AI use materially affects the representation
• Client inquires about methods used in their matter
• Confidential information will be processed by AI systems
• Fee structures are affected by AI efficiency

Informed Consent Considerations:

• Clients may need information about AI to make informed decisions
• Some AI applications may require explicit consent
• Sophisticated clients may have preferences about AI use

Candor to Tribunal (Rule 3.3)

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South Carolina Rule 3.3 prohibits attorneys from knowingly making false statements of fact or law to a tribunal. This directly implicates AI use in court filings:

Verification Obligations:

• All citations must be verified before submission
• AI-generated legal arguments must be reviewed for accuracy
• Case holdings must be confirmed accurate
• No fabricated authorities may be presented

National Context: Courts nationwide have sanctioned attorneys for submitting AI-generated filings with fabricated citations. South Carolina attorneys must independently verify all AI-generated content before court submission.

Supervision (Rules 5.1 and 5.3)

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South Carolina Rules 5.1 and 5.3 impose supervisory obligations:

Rule 5.1 (Supervisory Lawyers):

• Partners and managers must ensure firm compliance with Rules
• Supervisory lawyers responsible for conduct of lawyers they supervise
• AI policies should be established and enforced

Rule 5.3 (Nonlawyer Assistants):

• Lawyers must supervise nonlawyer assistants appropriately
• AI systems should be treated similarly, requiring review and verification
• Ultimate responsibility remains with the attorney

South Carolina Rules of Professional Conduct Implicated

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South Carolina Court Considerations

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Federal Courts in South Carolina

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The U.S. District Court for the District of South Carolina operates within the Fourth Circuit. Attorneys should:

• Monitor for local orders regarding AI disclosure
• Apply Federal Rule of Civil Procedure 11 certification requirements
• Verify all citations before federal court filings
• Be prepared to address AI use if the court inquires

South Carolina State Courts

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The South Carolina Supreme Court and lower courts have not issued AI-specific orders as of 2025. However:

Current Obligations:

• Rule 3.3 candor requirements apply to all filings
• Court rules on false statements apply regardless of AI involvement
• Attorneys remain responsible for all content submitted

Practical Considerations:

• Monitor for developments in court rules
• Verify all filings regardless of AI assistance
• Document verification procedures
• Be prepared to explain AI use if questioned

Billing for AI-Assisted Work

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South Carolina Rule 1.5 Application

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South Carolina Rule 1.5 requires fees to be reasonable. Factors include time, labor, and skill required. AI efficiency affects billing ethics:

Permissible Billing:

• Time spent developing effective AI prompts
• Time reviewing and verifying AI outputs
• Time editing and refining AI-generated content
• Actual time creating work product with AI assistance

Ethical Concerns:

• Billing for time not actually expended is problematic
• If AI completes a task in 20 minutes that previously took 2 hours, billing 2 hours raises concerns
• Value-based billing may be more appropriate for AI-enhanced services

Best Practices:

• Document actual time spent on AI-assisted tasks
• Communicate with clients about AI efficiency impacts
• Consider adjusted fee arrangements
• Transparency regarding AI’s role in the work

Malpractice Insurance Considerations

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South Carolina attorneys should review professional liability coverage:

Policy Considerations:

• Check for AI-related exclusions or limitations
• Understand disclosure requirements regarding AI use
• Consider coverage adequacy for technology errors
• Document verification procedures for potential claim defense

Risk Management:

• Maintain detailed records of AI use and verification
• Implement firm-wide AI protocols
• Train staff on AI limitations and risks
• Stay current on insurance industry developments

Practical Compliance Steps for South Carolina Attorneys

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South Carolina-Specific Practice Areas

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Personal Injury and Tort Law

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South Carolina’s significant personal injury practice requires careful AI use:

• Verify South Carolina damage caps and limitations
• Confirm current case law on liability standards
• Check statutory requirements for pleading
• Validate venue and jurisdiction rules

Real Estate Law

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South Carolina real estate attorneys should be cautious:

• Verify South Carolina-specific title requirements
• Confirm local recording procedures
• Check current transfer tax and fee requirements
• Validate HOA and coastal zone regulations

Family Law

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AI use in domestic relations requires particular care:

• Verify current South Carolina family law statutes
• Confirm child support guideline calculations
• Check equitable distribution standards
• Validate custody and visitation standards

Business and Corporate Law

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For transactional practice in South Carolina:

• Verify Secretary of State filing requirements
• Confirm South Carolina business entity rules
• Check current corporate governance standards
• Validate regulatory compliance requirements

Disciplinary Considerations

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The South Carolina Office of Disciplinary Counsel enforces attorney ethics:

Potential AI-Related Violations:

• Submitting fabricated citations violates Rule 3.3
• Disclosing confidential information via AI may violate Rule 1.6
• Incompetent AI use may violate Rule 1.1
• Failure to supervise AI use may violate Rules 5.1/5.3
• Billing for time not worked may violate Rule 1.5

Defense Considerations:

• Document verification procedures
• Maintain records of AI use and review
• Demonstrate reasonable precautions taken
• Show good faith compliance efforts

Frequently Asked Questions

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Resources

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• South Carolina Bar
• South Carolina Rules of Professional Conduct
• South Carolina Judicial Department
• ABA Formal Opinion 512 - National guidance on attorney AI use
• AI Hallucinations in Courts - Sanctions cases and verification requirements