South Carolina Statutes
§ 62-1-109 — Duties and obligations of lawyer and person serving as a fiduciary.
South Carolina § 62-1-109
JurisdictionSouth Carolina
Title 62SOUTH CAROLINA PROBATE CODE
Ch.ARTICLE 1 - GENERAL PROVISIONS, DEFINITIONS, AND PROBATE JURISDICTION OF COURT
This text of South Carolina § 62-1-109 (Duties and obligations of lawyer and person serving as a fiduciary.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.C. Code Ann. § 62-1-109 (2026).
Text
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.
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Related
Spence v. Wingate
716 S.E.2d 920 (Supreme Court of South Carolina, 2011)
Douglass Ex Rel. Louthian v. Boyce
542 S.E.2d 715 (Supreme Court of South Carolina, 2001)
Spence Ex Rel. Estate of Spence v. Wingate
663 S.E.2d 70 (Court of Appeals of South Carolina, 2008)
Legislative History
HISTORY: 1994 Act No. 449, SECTION 2; 2013 Act No. 100, SECTION 1, eff January 1, 2014.
Nearby Sections
15
§ 62-1-100
Effective date.§ 62-1-101
Short title.§ 62-1-102
Purposes; rules of construction.§ 62-1-104
Severability.§ 62-1-105
Construction against implied repeal.§ 62-1-106
Effect of fraud and evasion.§ 62-1-107
Evidence as to death or status.§ 62-1-108
Acts by holder of general power.§ 62-1-111
Authority to award costs and expenses.§ 62-1-112
Inherent power of court.§ 62-1-201
General definitions.§ 62-1-301
Territorial application.Cite This Page — Counsel Stack
Bluebook (online)
South Carolina § 62-1-109, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/62-1-109.